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(영문) 춘천지방법원 영월지원 2012.12.28 2012고단493

특수절도

Text

Defendant

A Imprisonment with prison labor of one year and six months, and one year, and six months, and six months, respectively.

Reasons

Punishment of the crime

1. The joint criminal conduct of Defendant A, Defendant B, and Defendant C, with the trade name of the Gangseo-gu Seoul High Military F, in which the operation of the company was well known while the operation of the company was carried out while the lending company was operated, Defendant A, Defendant B, and Defendant B committed a theft of the victim G’s spareaba which operated the competing company with Defendant C, a truck driver, along with Defendant C.

At around 03:30 on July 23, 2012, the Defendants used the gaps in which the surveillance of the victim G was neglected, and Defendant A used the difference in the victim H in Yeongdeungpo-gun H, Gangwon-gu, the victim parkeded at the victim’s seat, leading up to 18 pieces of 14t truck, which is one of the 18 pieces of 37,80,000 won at the market price of the victim’s possession, which is the victim’s possession. Defendant B and Defendant C used the above truck to cut off the truck, with a view to drawing the spactotoba while loading the truck.

As a result, the defendants stolen the victim's property together.

2. On July 23, 2012, at around 07:00, the Defendant: (a) received a request from the Defendant from the Defendant, who was the owner of the Defendant’s Madio K located in the J of Gyeong-si, Gyeong-si, the Defendant kept 37,800,000 Won of the market price of the victim G that he stolen from A; and (b) received a request from the Defendant, who was aware of the fact that it was an stolen article, and kept the stolen article by leaving the above Madioba in the instant orchard by October 30, 2010.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to each investigation report (in relation to photographs, on-site investigation, CCTV verification, investigation into CCTV verification, verification of chassis number, verification of damage caused by L, and attachment of quotations);

1. Relevant legal provisions pertaining to criminal facts A, B, and C: Article 331(2) and (1) of the Criminal Act; Article 362(1) of the Criminal Act;

1. Defendants on probation: Article 62(1) of the Criminal Act (As agreed with the victim, the Defendants’ previous convictions, and the role in the instant crime)

1. Probation and community service order Defendant A, B, and C: Article 62-2 of the Criminal Act;