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(영문) 창원지방법원 통영지원 2016.05.26 2016고단317
특수절도
Text

Defendants shall be punished by imprisonment for six months.

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendants had been aware of about 20 years prior to that of the Eastern War.

On November 9, 2015, the Defendants: (a) 22:30 on November 9, 2015, at the “D” restaurant located in the Scam City C, and (b) Defendant A, while carrying a scam in the company, gathered a bicycle with the theft of the Defendant A.

Since then, the Defendants moved at around 23:00 on the same day to Defendant A’s E straw, and Defendant A waiting in the above studio 1st century. Defendant B entered the above studio 1st, cut the bicycle locks equivalent to KRW 700,000,000 in the market price owned by the victim G, which was corrected at the said place, and carried the bicycle to the between the above studs.

As a result, the defendants stolen the victim's property together.

Summary of Evidence

1. Defendants’ respective legal statements

1. G statements;

1. Application of the Acts and subordinate statutes to photographs by field photographs and capturing a course;

1. Article 331(2) and Article 331(1) of the Criminal Act on criminal facts

1. Reduction of volume ( Defendants) Articles 53 and 55(1)3 of the Criminal Act

1. Article 62(1) of the Criminal Act (the Defendants)

1. The reasons for sentencing under Article 62-2 of the Criminal Act (the Defendants) on the observation of protection

1. The basic area (from June to June) of the sentencing criteria [the scope of recommended punishment] for the larceny of general property (general larceny) (no person who has any special sentencing factor];

2. The defendants' specific reasons for sentencing are not good, and the damaged goods are returned to the victim, and the damage is recovered, and the defendants' age, sex, environment, environment, circumstances leading to the crime, means and consequence of the crime, etc. are determined by considering the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the following circumstances after the crime. It is so decided as per Disposition for the reasons above.

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