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(영문) 수원지방법원 2017.07.14 2017고단3264
특수절도등
Text

A defendant shall be punished by imprisonment with prison labor for four months and by a fine of thirty million won.

However, the period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 10, 2017, the Defendant was sentenced to the suspended sentence of 2 years and fine of 300,000 won for special larceny, etc. at the Suwon Franchi, which became final and conclusive on February 18, 2017.

Criminal facts

1. On October 2016, the Defendant: (a) followed a building located in Suwon-si, Suwon-si, Suwon-si, D around 01:00, the Defendant: (b) discovered a F Sin-si, equivalent to KRW 800,000, the market price of the victim E-owned in that place; (c) discovered a F Sin-si, the victim E, who was parked in that place; (d) was able to look around and look at the surrounding areas; and (e) had the said Oral-si, carried out a Sin-si, and driven the said Oral-si.

Accordingly, the defendant stolen the victim's property together with C.

2. On October 2016, the Defendant: (a) driven a F City Rotob, as described in the foregoing paragraph 1, a motor device license on the section of approximately 6.2 km from the 28-24-ro, Suwon-si, Suwon-si, Suwon-si, 56 km to the 50-ro, Suwon-si, Suwon-si, Suwon-si, Suwon-si, Sinwon-si, Suwon-si, Sinwon-si, Sinwon-si, Sinwon-si, Sinwon-si, Sinwon-si, Sinwon-si, Sinwon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of each police in relation to C or G;

1. Statement made by the police for E;

1. Report of investigation (specific suspect);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (A), previous convictions in disposition, and report on the results of confirmation of such previous convictions;

1. Article 331(2) and (1) (special larceny) of the Criminal Act in relation to the facts constituting an offense, Article 154 Subparag. 2 and Article 43 of the Road Traffic Act (non-licensed driving, and Selection of fines);

1. Articles 2 and 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act, mitigation of juvenile offenses;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason for sentencing under Article 62(1) of the Criminal Act, Article 60(3) of the Juvenile Act, is the same kind of crime as the accused several times.

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