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(영문) 대구지방법원 포항지원 2019.05.30 2019고단202

절도

Text

The punishment against the Defendants shall be provided for in six months by imprisonment.

However, each of the above penalties shall be imposed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 18, 2014, Defendant A stolen the LPG gas equivalent to KRW 29,165,000, total market price of KRW 80,000, total market price of the victim E, which was loaded on a parked truck, from that time to February 21, 2018, at the office of “D” located in Northern-gu, Northern-gu, Northern-gu, North Korea, and at the same time, from that time, Defendant A stolen the gas of KRW 29,165,00,00 in total over 76 times, as indicated in the annexed crime list 1.

2. On November 18, 2014, Defendant B acquired stolens worth KRW 80,00,00, total market price of KRW 29,165,000, from that time, from February 21, 2018, in the vicinity of G University located in Northern-gu, Northern-gu, Northern-si, the Defendant, despite being aware of the fact that it was 2 copies of LPG gas in an amount equivalent to KRW 80,00, the market price of the victim E, which he stolen from the above A, was KRW 80,00.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement of E and H;

1. Recording notes and details of each account transaction;

1. Application of each statute on photographs;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 329(1) of the Criminal Act (Selection of Imprisonment)

B. Defendant B: Article 362(1) of the Criminal Act (Optional to Imprisonment)

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act of the suspended sentence;

1. Defendant A

(a) Scope of punishment by law: Imprisonment with labor for one month to nine years;

B. The scope of recommendation according to the sentencing guidelines for the larceny (1) No. 1 (a) (a) (a) (a) (a decision on a type of thief) (a)) (a decision on a type of thief) general larceny [2] mitigation elements of general larceny [a person who is a special person]: A disposition not to grant punishment [a decision on a type of thief] [a decision on a type of thief]] mitigation area, a crime of thief (b) (a decision on a type of thief) (a decision on a type of thief] mitigation area, a crime of thief [a] general larceny [a person who is a special person] mitigation element [a] mitigation area, a crime of thief [a decision on a type of thief] (a decision on a type of thief] (a decision on a type