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(영문) 울산지방법원 2014.07.11 2014고단741

특수절도

Text

Defendants shall be punished by imprisonment for six months.

However, each of the above defendants is against the defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On January 7, 2014, at around 23:20, the Defendants: (a) committed a theft by being loaded in the Ekiex vehicle waiting in advance at the victim D’s market price equivalent to KRW 400,000,000, located at the scene of the road expansion works in Ulsan-gun, Ulsan-gun, Ulsan-gun; and (b) by being loaded in the Ekiex vehicle.

2. On January 8, 2014, at around 00:10, the Defendants: (a) committed a theft by carrying one of the pumping devices with the victim D’s market price equivalent to KRW 400,000, in advance, set up in Ek Star vehicles, which are set up at the scene of road expansion works in Ulsan-gun, Ulsan-gun.

As a result, the Defendants committed a theft of the victim's property two times together.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made to D by the police;

1. Each report on internal investigation (related to the confirmation of the details of CCTV recording around the scene of damage and the verification of the details of CCTV recording for crime prevention) shall be applied to statutes;

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

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

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Aggravation of a suspended sentence as provided for in Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The scope of the recommended sentence for the sentencing criteria (a decision on a type of punishment) and the scope of the sentence (a decision on a type of larceny) for the larceny of general property: Imprisonment with prison labor for not less than six months nor more than one year and six months (a basic area);

2. Although Defendant B has the criminal power to punish the same offense, the Defendants return stolen goods to the victim and agreed with the victim that the victim did not have any penal power, Defendant A did not have any penal power, and Defendant B did not have any other penal power except the above penal power, and the Defendants’ age, character and conduct, environment, etc. as ordered, are determined by taking into account all the circumstances revealed in pleadings, such as the victim’s age, character and conduct, and environment.