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(영문) 대전지방법원 2015.11.13 2015고단3269

특수절도등

Text

Defendant

A shall be punished by imprisonment with prison labor for a maximum of 4 months for a short term of 6 months, and by imprisonment with labor for 4 months.

except that this judgment.

Reasons

Punishment of the crime

1. Defendant A was sentenced to imprisonment with prison labor for a maximum of one year and six months in the Daejeon District Court on September 9, 2015, with prison labor for special larceny, etc., and is still pending in the appellate trial.

Defendant

B On September 9, 2015, the Daejeon District Court has been sentenced to two years of imprisonment with prison labor for special larceny, etc. and two years of suspension for the same year.

9.17 The above judgment became final and conclusive.

2. On June 30, 2015, around 03:00, the Defendants discovered the AZ car of the victim AY at the underground parking lot of the Hanchip apartment complex 33, Hanam-si, Hanam-si, and then reported the network to the Defendant B, AX, and Defendant A, with a view to emergency escape in his possession, lost the glass of the car and damaged the repair cost to the extent of 80,000 won. The Defendants entered the vehicle into the vehicle with 10,000 won in cash, which is the victim's possession, and 2.60,000 won in the market price, and then destroyed the victims' property by jointly combining the victims as shown in the annexed crime list from 06:0 to 00 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. AX-related police investigation protocol;

1. Statement of the police statement of the BA;

1. A statement, etc.;

1. CCTV photographs at the damaged site;

1. Seizure records;

1. Application of Acts and subordinate statutes to criminal records and investigation reports (report on the confirmation of the progress of trials by suspects);

1. The Defendants of relevant criminal facts: Article 331(2) and (1) of the Criminal Act; Article 2(2) and (1)1 of the Punishment of Violences, etc. Act; Article 366 of the Criminal Act

1. Mitigation of juvenile offenses: Articles 2 and 60(2) of the Juvenile Act, and Article 55(1)3 of the Criminal Act

1. Concurrent Handling: Defendant B’s latter part of Article 37 of the Criminal Act and Article 39(1);

1. Concurrent Crimes: the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act of the Defendants;

1. Discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act of the Defendants;

1. Unscheduled sentence: Articles 2 and 60 (1) of the Juvenile Act of Defendant A;

1. Suspension of execution: Defendant B Criminal Code Article 62.