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(영문) 대구지방법원 서부지원 2017.05.25 2017고단822

특수절도등

Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendants conspired to steals the goods located on the alleyway from the side of the next door on the vehicle in which the house is parked on the alleyway, on the fluorian-ro, and in the heart.

1. On March 29, 2017, the Defendants were parked on the victim E, who was parked on the Daegu-gu D Street on March 29, 2017, and Defendant B reported the network, and Defendant A opened a door and cut off with approximately KRW 10,000 in total from the Tong of the construction section in the vehicle.

2. On March 29, 2017, the Defendants: (a) had been parked in the front of the Daegu-gu Daegu-gu G on March 29, 2017, and (b) had the victim H owned by the victim H; (c) Defendant B reported the network; and (d) Defendant A attempted to steal the said vehicle’s knife with the knife; but (c) the vehicle’s knife was obstructed by the vehicle’s door.

Accordingly, the Defendants jointly stolen or attempted another's property.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's office and each police suspect examination protocol against the Defendants

1. Application of the Acts and subordinate statutes to report internal investigation and investigation;

1. Articles 331(2) and 331(1) (special larceny) of the Criminal Act in relation to the facts constituting an offense, and Articles 342, 331(2) and 331(1) (special larceny) of the Criminal Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. The sentencing guidelines (the scope of the recommended punishment) / [the scope of the punishment] / The mitigated area (the person who has been specially mitigated from April to October) of the mitigated area (the victim and the defendant A were written by an agreement between the victim and the defendant, but all of the defendants were recognized as non-guilty area of punishment)

2. The defendants committed the crimes two times as stated in the judgment of the court, and the defendant A committed the same kind of crimes.