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(영문) 의정부지방법원 2012.12.06 2012고단2691

특수절도

Text

1. The Defendants shall be punished by imprisonment with prison labor for eight months.

2. However, it is against the Defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On July 21, 2012, the Defendants: (a) discovered mountain mountain ginseng (cerebral ginseng) cultivated by Victim G (Nam, 50 years of age) while working for the 15:15 Gyeonggi-gun Franchisation on July 21, 2012; (b) discovered mountain ginseng (cerebral ginseng) in which the Victim G (Seoul and 50 years of age), and (c) found Defendant D’s main net, with the view of Defendant D’s hand, extracted the son’s hand, and contained them in the reciting.

Accordingly, the Defendants, together, stolen the 213 ppuri of the mountain 2,100 Won in the market price owned by the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes to the police statement of G;

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: The Defendants’ failure to agree with the victim in sentencing Article 62-2 of the Criminal Act is disadvantageous to the Defendants.

However, considering the fact that the defendants have no same power (the defendant A, B has no previous conviction or more than the suspension of execution, the defendant C, D's initial crime) and all damaged goods are back to the victim, and the defendant A, B, and C are old, the punishment is determined as ordered by the disposition.