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(영문) 창원지방법원 거창지원 2013.09.25 2013고단151

특수절도

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【Criminal Power】 On October 8, 2008, the Defendant was sentenced to two years of imprisonment for a violation of the Road Traffic Act in the Changwon District Court’s branch for the crime of violation of the Road Traffic Act, and the probation period was in the same court on January 20, 2010, and was sentenced to six months of imprisonment for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, etc. at the same court on May 28, 2010, and the said judgment became final and conclusive on May 28, 2010, and the said probation period was invalidated on October 28, 2010 during the execution of the sentence, and the parole period passed on December 25, 2010.

【Criminal Facts】 Joint with C,

1. At around 02:10 on March 31, 2013, the victim E-owned market value of KRW 1,300,000, a total of 100,000,000, which is the victim E-owned at the site of D Water Reclamation Work in Gyeongnam-gun, Gyeongnam-gun, Gyeongnam-gun, is stolen temporarily by carrying 100,000 on the cargo vehicle driven by the defendant;

2. At around 00:05 on April 7, 2013, the victim H-owned market value equivalent to the sum of 494,000 won, which is the victim H-owned market at the site of the establishment of the G heading G and packing G G G G G G G G G in the Gyeongnam Development-gun, and the victim H-owned market value is theftd by carrying 38 on the above cargo;

3. On April 8, 2013, around 22:10, around 22:10, the market price of the victim K, which was set up in the Jwater Sea Restoration site located in Gyeongnam Development-gun I, was stolen by carrying 80 copies of the above cargo at 1,040,000 won in total.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. A written statement of each victim of E, L or K preparation;

1. Written estimate;

1. Division: Application of Acts and subordinate statutes to inquiry reports, such as criminal records, and investigation reports (including personal identification records attached thereto);

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes as provided for in special larceny by March 31, 2013, with the largest penalty);

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation reflects the Defendant, and due to each of the larceny crimes in this case.