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(영문) 대구지방법원김천지원 2020.10.29 2020고단864
특수절도
Text

Defendant

A Imprisonment with prison labor for six months and for six months, respectively.

, however, for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From April 26, 2020, the Defendants: (a) around 04:26, 2020, the Victim D operated by the victim D in the Gu, Si, Gu, Si, si-si; (b) reported the gap that the victim did not have to have to have to have to have to have to have to have to have to have to have to have to have to have to have to have to have to have to have to have to have to have to have to have to have to have to have to have to have to have to have to have to have to have to have to have to have to have to have to have to have to have to have

Accordingly, the Defendants, together, stolen the total amount of 1.6 million won of the market price.

Summary of Evidence

1. The defendants' written statement D

1. Application of Acts and subordinate statutes to a report on the occurrence of a crime (special larceny), each related photograph, seizure record, list of seizure records, CCTV images-fashion photographs in the course of committing a crime, investigation report (Opening of and provisional return for a closed exchange with a cash of 600,000 won);

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

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendants of the community service order: Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [Determination of types] of larceny in general property [Type 2] general larceny [Special Larceny]: Non-won of the punishment [the scope of the recommended punishment and the scope of the recommended punishment], mitigation area of the punishment, April through October [the scope of the recommended punishment revised according to the sentencing guidelines], six months through ten months of imprisonment (the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range, and thus the minimum of the applicable sentencing range in law is inconsistent with the applicable sentencing range).

3. The part of the damaged goods subject to the sentence are confiscated, and thus the victim remains back to the victim, the victim’s wife against the Defendants is deemed to have no criminal record, and all of the arguments in the instant case, such as the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc.

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