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Reasons
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(영문) 수원지방법원 안산지원 2016.01.26 2015고단3190
특수절도
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Defendants shall be punished by imprisonment for six months.

However, from the date of the final judgment of this case, each of the above two years against the Defendants.

Reasons

Punishment of the crime

1. On July 12, 2015, Defendant A and E reported the network to the front of the discount line located in the F in Sinsi-si, Sinsi-si on July 12, 2015, the Defendant and E returned CCTV installed in the said discount line to the floor level, and subsequently, had one machine in size of 400,000 won in the market price owned by the victim G.

Accordingly, the defendant stolen the victim's property jointly with E.

2. On September 3, 2015, Defendant B, Defendants C, E, H, and I reported the network on the part of the Defendant C, Defendant C, and H, which were installed on the said discount set up on the floor of the CCTV operated by B, and Defendant C and H returned the CCTV installed on the said discount set up on the floor, and Defendant B destroyed the lock device using the lock device prepared in advance, and then loaded one toy 376,000 won at the market price of the victim J-owned, and loaded one to the hive X-D vehicle in the atmosphere.

Accordingly, the Defendants stolen the victim's property jointly with E, H, and I.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of each police officer concerning B, H, E, or I;

1. Statement made by the police to J;

1. G statements;

1. Application of statutes, such as site photographs;

1. Defendants of the relevant legal provisions concerning criminal facts: Articles 331(2) and 331(1) of the Criminal Act

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

1. Defendants on probation: Article 62(1) of the Criminal Act (in case of Defendant C, Article 60(3) of the Juvenile Act is added);

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommendations] / [the grounds for sentencing under Article 62-2 of the Criminal Act / [the scope of recommendations] / [the sentence] unfavorable circumstances: (a) the applicable law of each of the crimes of this case was interviewed and planned, (b) the injury was not recovered, etc.; (c) the extent of the Defendants’ participation in the crime is relatively minor rather than other accomplices; and (d) the defendants are the defendants.

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