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(영문) 광주지방법원 2018.03.29 2017고단5716

특수절도등

Text

[Defendant A] Defendant A shall be punished by imprisonment with prison labor for six months

[Defendant B] Defendant B is punished by imprisonment with prison labor for six months

(b).

Reasons

Punishment of the crime

[criminal history] On September 29, 2016, Defendant A was sentenced to imprisonment with labor for a violation of the Road Traffic Act at the Gwangju District Court on September 29, 2016, and completed the execution of the sentence at the Ganpo Prison on June 2, 2017.

[Criminal facts]

1. On October 16, 2017, the Defendants committed the joint crimes jointly with D, E, and F, and stolen the amount equivalent to KRW 72,00 (72,00) at night, the market price of the victim H in G in the orchard in the operation of the victim H in the Namcheon-si, Namcheon-si.

2. A around October 16, 2017, around 08:05, Defendant A driven an ISex motor vehicle without obtaining the driver’s license of the motor vehicle on the road near the door-distance set forth in the 2396, East-ro, East-ro, East-ro, East-ro, East-do.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the interrogation of each police suspect against D, F, or E;

1. Statement made by the police with H;

1. Investigation report (in relation to ownership at night);

1. The driver's license ledger;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Previous conviction (Defendant A): To apply two copies of inquiries about criminal history, text of judgment, and Acts and subordinate statutes concerning personal confinement;

1. Article 331(2) and (1) of the Criminal Act (special larceny) and Article 152 Subparag. 1 and Article 43 of the Road Traffic Act (non-licenseless Driving, Selection of Imprisonment: Articles 331(2) and 331(1) of the Criminal Act);

1. A aggravated defendant for a repeated crime: Article 35 of the Criminal Act;

1. A aggravated criminal defendant: the former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Small-scale mitigated Defendants: Articles 53 and 55(1)3 of the Criminal Act;

1. Defendant B of suspended execution: The amount of damage caused by a special larceny crime on the grounds of sentencing under Article 62(1) of the Criminal Act is not much significant, and the damaged items were returned to the victim, and the victim also expressed his/her intent not to punish the Defendants, etc. are favorable circumstances against the Defendants.

However, the statutory penalty for special larceny committed by the defendants is the statutory penalty.