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(영문) 대구지방법원경주지원 2020.12.23 2020고단485
특수절도
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On June 20, 2020, the Defendant driven a BKan-Pon car on June 22, 2020, and operated it jointly with the Defendant and the victim D at the time of its racing, and cut off the lock locker of the above container with the cuter possessed, cut the locker of the container, and loaded the 652,320 won in total at the market price of the Defendant and the victim jointly owned, and loaded 20 L via the above vehicle.

Accordingly, the defendant stolen the victim's property by damaging the door at night and impairing the structure managed by the victim.

Summary of Evidence

1. Application of Acts and subordinate statutes to investigation reports (related to the classification of stolen goods, such as the capacity of the stolen oil), investigation reports (related to the calculation of the amount of damage), investigation reports (related to the calculation of the amount of damage) by the accused's legal statement D, to the accused's legal statement

1. Article 331 (1) of the Criminal Act applicable to the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act ( Taking into account the favorable factors of sentencing among the following factors) shall be taken into account as the factors of sentencing unfavorable to the defendant, or as the factors of sentencing favorable to the fact that the value of the stolen goods is not large, and that some damage has been recovered.

In addition, the conflict with the victim who is a partner has caused the crime, taking into account all the circumstances that form the conditions for sentencing, such as the defendant's age, character and conduct, environment, and circumstances after the crime, the punishment as ordered shall be determined.

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