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(영문) 수원지방법원 평택지원 2020.01.03 2019고단1138

특수절도

Text

The sentence of punishment shall be suspended against the Defendants.

Reasons

Punishment of the crime

Defendant

A is a person working as the field manager in C corporation operating the imported vehicle transport business, and the defendant B is an employee in the above company.

On January 24, 2019, at around 08:00, the Defendants discovered the keys of the motor vehicle around one of the eight vehicles, such as the sprink, where G, a staff member of the Fmpary Center, who carries on the transportation of imported vehicles, was consigned from H, and parked there.

The Defendants knew that the driver who received the consignment in the automobile transport industry was parked a vehicle so that the driver who received the consignment can immediately drive the vehicle and left the vehicle on his wheels, and thus, they did not bring about the key of the said vehicle parked therein.

The Defendants conspired together as above, and found seven keyss of the motor vehicle that the driver of the Franchi Center had kept on the wheels of the said motor vehicle, and Defendant B took them away at will.

As a result, the Defendants committed a theft of another's property jointly.

Summary of Evidence

1. Defendants’ respective legal statements

1. G statements;

1. Statement of the police officer to I;

1. Photographs of damaged articles;

1. Application of Acts and subordinate statutes to investigation reports (CCTV image verification);

1. Article 331(2) and (1) of the Criminal Act applicable to the relevant criminal facts;

1. Discretionary mitigation (Defendants) Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Articles 55(1)3 of the Criminal Act);

1. Six months of imprisonment to suspend the sentence;

1. The grounds for sentencing under Article 59(1) of the Criminal Act (hereinafter referred to as the grounds for sentencing) are contrary to the accused’s erroneous recognition. The Defendants do not wish to punish the Defendants under the agreement with the victim, the instant damage is minor, and the Defendants are the primary offenders.