특수절도등
Defendant
A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.
Punishment of the crime
1. On July 13, 2011, Defendant A was sentenced to one year to imprisonment with prison labor for night buildings, intrusion and larceny, or violation of the Road Traffic Act (unlicensed Driving) at the Jung-gu District Court on May 20, 201, and completed the execution of the sentence in the Daegu Prison on May 20, 2012. Defendant B was sentenced to one and half years of imprisonment with prison labor for attempted robbery, etc. at Seoul High Court on May 20, 2010 and completed the execution of the sentence in the Daegu Prison on May 14, 201.
2. Criminal facts;
A. At around 04:10 on March 18, 2014, the Defendants carried two steel tubes (45cm in diameter, 1 meter in length) and 57 rain pipes (2 meters in length) equivalent to 180,000 won in the market value of the victim D owned by the victim, which were kept there at the construction site, for the purpose of construction at the e-mail-dong, Yangju-dong, Yangju-dong, Yangju-dong, Yangju-dong, Yangju-dong, Yangju-dong, and the construction site.
As a result, the Defendants committed a theft of another's property jointly.
B. At around 04:30 on March 18, 2014, Defendant A driven the E Poter truck without a driver’s license within the 18-km section of the E Poter vehicle from the front day of Yangju-si, the Defendant’s residence, to the front day of the 355-37 “Sick Dog-ro”, the same city-ro, Yangju-si, the Defendant’s residence.
Summary of Evidence
1. Defendants’ respective legal statements
1. Each prosecutor's interrogation protocol against the Defendants
1. Written statements prepared in D;
1. The police seizure record and the list of seizure;
1. Registers of driver's licenses;
1. Investigation report (driving without a license);
1. Previous records: Application of inquiries, such as criminal records, investigation reports (verification of the date of release A of a suspect and filing of a copy of the same type of crime), investigation reports (verification of the date of release B of a suspect and filing of a copy of the same kind of crime reports);
1. Article applicable to the facts constituting the crime and the choice of punishment (defendants);
(a) Defendant A: Article 331(2) and (1) of the Criminal Act (the occupation of special larceny), Article 152 Subparag. 1 and Article 43 of the Road Traffic Act (the occupation of driving without a license and the choice of imprisonment);
B. Defendant B: Article 331(2) and (1) of the Criminal Act (the point of special larceny)