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(영문) 춘천지방법원 원주지원 2013.08.08 2013고단348

특수절도

Text

Defendants shall be punished by imprisonment for ten months.

However, from the date of the conclusion of the judgment, each of the above two years against the Defendants.

Reasons

Punishment of the crime

As the oil of a vehicle on which the Defendants were waiting to get off, the Defendants were able to get off the oil from the vehicle parked on the street, and the Defendants were able to use it on the Defendants’ vehicles.

1. On April 2013, 2013, the Defendants discovered two Babs, one oil tank, and one life water tank, which were owned by the victim’s name and unclaimed boxes at the seat of the first police officer. The Defendants stolen and stolen them.

2. At around 02:00 on April 9, 2013, the Defendants discovered the victim-owned G, H, I, and I C, which was set up in front of the F half point of the operation of the victim E located in Won-si, and Defendant A used the victim-owned Ba who was stolen in advance, used the victim-owned G, H, I, and I C, with a 10,000 won amounting to 20,000 won from the oil tank of the above Orab, and used the victim-owned Ba to cut off the gasoline amounting to 10,000 won from the oil tank of the above Obaba, and Defendant B

3. At around 02:20 on April 9, 2013, the Defendants discovered Mati Cargo Vehicles, which are the victim L owned by the victim parked on the street adjacent to K in the original cityJ, and Defendant B, in the same manner as the above paragraph 2, deducted the light oil of 35,000 liters from the light oil of 35,000 liters and transferred it to the growth water, Defendant A stolen it by means of viewing the net.

As a result, the defendants stolen the property owned by the victims jointly.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to N orO;

1. E statements;

1. Application of Acts and subordinate statutes on seizure records;

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

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act; and

1. Discretionary mitigation Defendants: Articles 53 and 55(1)3 of the Criminal Act (including that the Defendants repent their mistakes, that the Defendants do not have the same criminal record, that some victims do not want the punishment of the Defendants, that they do not want the punishment of the Defendants, the age of the Defendants and the total amount of damage, etc.)

1. Defendants on probation: each of them.