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(영문) 광주지방법원 2018.10.26 2018고단3544
특수절도
Text

The sentence of each sentence against the Defendants shall be suspended.

Reasons

Punishment of the crime

The Defendants, with the husband of Defendant A, she saw the death of another person's large tree field as flick with the other person's husband C, and returned to the same flick field. On May 30, 2018, at around 06:40, the Defendants entered the said dry field and entered the said dry field and flicked for 1.2,00,00 won at the market price of the victim's possession.

As a result, the Defendants stolen the victim's property together with C.

Summary of Evidence

1. Defendants’ respective legal statements

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

1. E statements;

1. Application of statutes on site photographs;

1. Articles 331(2) and 331(1) of the Criminal Act concerning criminal facts

1. Small amount mitigationO Defendants: Articles 53 and 55(1)3 of the Criminal Act

1. Defendants of the penaltyO to be suspended from sentence: Six months of imprisonment;

1. The Defendants of the suspended sentence: (a) the value of stolen goods for the reason of sentencing under Article 59(1) of the Criminal Act is small amount and have been returned to the victims; (b) recognition of and reflects on the crime; and (c) absence of any previous conviction; and (d) the Defendants’ age, sex, family environment, motive and circumstance of the crime, and circumstances after the crime, shall be considered in light of all the sentencing conditions as indicated in the pleadings.

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