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(영문) 대전지방법원 논산지원 2014.07.01 2014고단181

특수절도

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. The public contest-related C is a person operating a secondhand shop, and the defendant and D are people working in the secondhand shop operated by C.

Defendant, D, and C, using E-Powery Cargo Vehicles provided by C, have stolen the pump, which is a construction material, from the public domain, and had them on the water, planned to sell the pump and distribute three sales proceeds.

2. On July 201, 2013, the Defendant, along with D, loaded 30 pumps of 60,000 square meters equivalent to the 600,000 Won of the market value of the victim G ownership located at the same place into the above cargo, and stolen them, and C sold the stolen waterway uniforms, and issued part of the sales proceeds to the Defendant and D.

As a result, the Defendant: (a) conspired with C and combined with D, stolen the victim’s property; and (b) subsequently, 408 of the 7,630,000 won of the market price, which is the victim’s possession, was stolen from that time to August 9, 2013, as stated in the list of crimes, from that time.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry of each protocol of examination of suspect about D and C by the prosecution;

1. Statement made by the police officer in relation to H;

1. Each description of the police statements of G, I, and J;

1. Application of Acts and subordinate statutes to each on-site photographs, records of seizure, lists of seizure, respective records of investigation reports, or video records;

1. Articles 331 (2) and (1) and 30 of the Criminal Act (a point of concurrent larceny) of the same Act concerning facts constituting an offense;

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

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Scope of punishment: Imprisonment for six months to seven years (at least six months to seven years (at least two concurrent offenders, and discretionary mitigation);

2. Sentencing criteria:

(a) Each area subject to special larceny [decision of types of larceny] Each thief group, and each area subject to mitigation of types of larceny (a general larceny) for general property: Imprisonment with prison labor for not less than 4 months from 10 months to 10 months: None of the factors subject to special mitigation;

(b)the standards for dealing with multiple crimes;