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(영문) 창원지방법원 통영지원 2017.06.09 2017고단440

특수절도

Text

Defendants shall be punished by imprisonment for six months.

However, with respect to Defendant A, the same shall apply for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal record] On April 25, 2013, Defendant B was sentenced to two years of imprisonment with prison labor for general buildings and fire prevention at the Changwon District Court on April 25, 2013 and was released on November 28, 2014, and the remaining term of imprisonment expired on January 20, 2015.

[Criminal facts] On February 25, 2017, around 14:24, the Defendants cut the steel pole, steel beam beamer, etc. at the market price, and carried them onto the cargo vehicle, using a mountain scam cutting machine, and carried them in the cargo vehicle.

Accordingly, the Defendants committed a theft of the property owned by the victim jointly.

Summary of Evidence

1. Defendants’ respective legal statements

1. E statements;

1. Receipt of the transaction to commit the crime and the details of the transaction on the property;

1. On-site reports (only with respect to attaching on-site photographs), and on-site reports (only with respect to attaching CCTV images to other closure photographs);

1. Previous convictions: Application of a reply to inquiry, such as criminal history, (B) and an investigation report (verification of the facts of crime during the period of suspect B repeated offense);

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

1. Aggravationd criminal defendant B: Article 35 of the Criminal Act;

1. Reduction of a small amount under Articles 53 and 55 (1) 3 of the Criminal Act;

1. Defendant A: The reasons for sentencing under Article 62(1) of the Criminal Act are as follows: (a) the Defendants jointly engaged in the act of cutting off the steel pole, etc. using the mountain scam, etc. at the rest area operated by the victim; and (b) the Defendants stolen the property by leaving the scambling onto the cargo; (c) however, the damage caused by the instant crime was relatively little; and (d) the Defendants agreed with the victim solely by the agreement, taking into account the favorable circumstances, such as the Defendants’ age, sexual behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., taking into account all the circumstances constituting the conditions for sentencing as shown in the arguments and records and arguments.