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(영문) 전주지방법원 남원지원 2012.10.09 2012고단148

특수절도

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On September 7, 201, at around 00:42, the Defendant transferred a 200,000 square meters plate (a.e., 150cc x 50cc x 50cc x m) for vehicle movement on the part of the victim E-owned market value equivalent to 200,000 won, which was located on the side of the road in front of the southnam-si, Namwon-si, in collaboration with C, to load a F1 ton truck owned by the Defendant, and stolen it;

2. At around 03:30 on September 7, 201, the Defendant, together with C, loaded a wheel board (a 150 cm x 60 cm x 150 cm x m) for the movement of the victim H at the front of G, Namwon-si, with C, carrying one wheel board (a 150 mcm x 60 mcm x m) equivalent to the market value of the victim H, and stolen it.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement of I and H;

1. A E-document;

1. Application of the Acts and subordinate statutes of the investigation report (related to the verification of J CCTV, 17 pages of investigation records), investigation report (related to the shooting of field photographs in front of the G, 105 pages of investigation records);

1. Article 331 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter the following sentencing grounds) is that the Defendant committed the instant crime without being aware of the fact that the Defendant was sentenced to a suspended sentence for eight months due to the obstruction of performance of official duties, etc. in the support of the Southern District Court of the Jeonju on February 15, 201, and was sentenced to a suspended sentence for eight months due to the obstruction of performance of duties, etc. in the support of the Southern District Court of the Jeonju on February 23, 2011.

However, considering the fact that the defendant reflects the defendant's mistake in depth, there is no previous conviction for the same kind of crime, the degree of damage is not severe, the victims have recovered from damage after the crime, and the victims have agreed to take the defendant's wife, the punishment as the order shall be determined.