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(영문) 인천지방법원 2014.09.04 2014고단4621

특수절도

Text

Defendant

A and B Imprisonment for six months, and Defendant C shall be punished by a fine of one million won.

Defendant

C does not pay the above fine.

Reasons

Punishment of the crime

Defendant

A was sentenced to imprisonment with prison labor for special larceny, etc. at the Incheon District Court on December 3, 2009 and the judgment became final and conclusive on January 4, 201, and the execution of the sentence was completed on July 10, 201. On July 10, 2014, the above court was sentenced to imprisonment with prison labor for one year and six months for the same crime, and Defendant B was currently pending in the appellate court, and Defendant B was sentenced to imprisonment with prison labor for ten months and two years for the same crime on the same day, and Defendant C was also sentenced to imprisonment with prison labor for eight months and two years for suspension of execution on the same day. On July 18, 2014, the above judgment became final and conclusive.

1. From January 7, 2014, Defendants A and B got on and arrived at the construction site of Seo-gu Incheon AD Park 4, Defendant B, and J M&II cargo vehicles owned by Defendant B, around 02:20.

The Defendants, by taking advantage of the gaps in which surveillance was neglected, stolen 50 air pipes, the sum of 60,000 won in the market value of the Victim K management and the sum of 1,80,000 won in the vehicle loaded 50,000 won in the above vehicle.

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

2. Around 10:00 on January 7, 2014, the Defendant acquired stolen goods by purchasing approximately KRW 800,000 of the price knowing that the stolen goods were stolen, from M in Seo-gu Incheon, and KRW 60 of the Victim K management, which A and B stolen from A and B, and KRW 50,000, 200, 300,000,000,000.

Summary of Evidence

1. Defendants’ respective legal statements

1. The K's statement;

1. Previous convictions in judgment: The application of criminal records and copies of written judgments;

1. Article applicable to criminal facts;

(a) Defendant A and B: Article 331(2) and (1) of the Criminal Act;

B. Defendant C: Article 362(1) of the Criminal Act (Selection of Fine)

1. Discretionary mitigation (Defendant A and B): Articles 53 and 55 (1) 3 of the Criminal Act;

1. Detention in a workhouse (Defendant C): Articles 70 (1) and 69 (2) of the Criminal Act;

1. Suspension of execution (Defendant B): Article 62 (1) of the Criminal Act;

1. Provisional Payment Order (Defendant C): Order for the reasons under Article 334(1) of the Criminal Procedure Act;