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(영문) 인천지방법원 2017.10.26 2015고단8410 (1)
특수절도
Text

Defendants shall be punished by imprisonment for six months.

However, each of the above defendants is against the defendants for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendants conspired to steal goods by carrying things as if they were engaged in shopping in C (C, separation of pleadings) and home plugs, and with each other’s necessary things.

On September 14, 2015, from around 14:00 to around 15:30 on the same day, the Defendants entered the victim E management of the victim in Nam-gu Incheon Metropolitan City, Nam-gu, and entered together, and Defendant A entered together with one set of 1,900 won at the market price, and one set of 1,900 won at the market price, and C with one 22,900 won at the market price, and one 22,900 won at the market price, one brush of 31,90 won at the market price, and 4 brushes at the market price of 32,100 won at the market price, and one brushes at the 44,800 won, respectively.

Accordingly, the Defendants, together with C, stolen property equivalent to the total market value of KRW 162,800.

Summary of Evidence

1. Statement made by the police for E;

1. A protocol concerning the interrogation of suspect C by the police;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. The Defendants to be mitigated in amount: Articles 53 and 55(1)3 (The following favorable circumstances) of the Criminal Act

1. Defendants in a suspended sentence: (a) The grounds for sentencing under Article 62(1)(C) of the Criminal Act 【The scope of the recommended punishment】 General larceny (Type 2) and the basic area [6 months - 1 year and 6 months]. In the event two or more joints are recovered from damage; (b) in the event that considerable damage has been recovered, 【decision on the Punishment of Sentence 1, 【Decision on the Punishment of Sentence 2000” / in the event that the damage has been recovered from a considerable portion of damage, she shall be sentenced to a suspended sentence for six months within the scope of the recommended punishment, taking into account the characteristics of the stolen goods and dynamic crimes, balance between the punishment and the punishment against the accomplice (C) arrested after re-entry, and the location and whereabouts of

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