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(영문) 제주지방법원 2016.09.12 2015고단1137 (1)
특수절도등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On June 4, 2015, at around 05:00, the Defendant and B reported that the door 9 is opened at “D’s singing shop” located in Jeju, and that the victim E was able to steals a stude a stude with a stude, and that the Defendant and the Defendant invadedd into nine studios.

As a result, Defendant and B violated the victim's rooms jointly.

2. Special larceny Defendant and B reported the network at the time and place indicated in the above paragraph 1, B, as seen above, at the studio front corridor No. 9, and Defendant 1 had a wall owned by the victim with cash of KRW 137,000 on the studio table No. 9.

As a result, the defendant and B stolen the victim's property together.

Summary of Evidence

1. A protocol concerning suspect interrogation of the defendant A by the prosecution;

1. Each written statement E and B;

1. Application of the Acts and subordinate statutes to report on investigation (Attachment, etc. of photographs of the scene of crime);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 319(1), 30 (Influence into rooms, choice of imprisonment), 331(2) and 331(1) of the Criminal Act (influence of special larceny);

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act (hereinafter referred to as "the grounds for the suspended sentence") that the defendant agreed upon only with the victim and thus the injured person does not want the punishment of the defendant. Although the defendant was subject to juvenile protective disposition four times due to the same kind of crime, there is no record of criminal punishment due to the same crime, the defendant's age, sex, sex, environment, degree of involvement in the crime, circumstances after the crime, and other various sentencing conditions specified in the records and arguments of this case shall be determined as ordered by the suspended sentence.

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