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(영문) 광주지방법원 2013.05.08 2013고단910

특수절도등

Text

Defendant

A Imprisonment with prison labor for eight months and for six months, respectively.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 17:30 on November 2, 2012, Defendant A: (a) boarded a F taxi driven by the victim E in front of the Gwangju Northern-dong Round bank, Gwangju, Gwangju, and was seated on the back seat; (b) Defendant A looked at the victim’s attitude and sent the signal to D; and (c) Defendant A, who was seated on the steering seat and the steering seat, went off with the victim’s signal keeping of goods between him and the steering seat, opened a door to store the goods, thereby holding the victim’s starting line on the top; and (d) KRW 10,000,000,000,000 won and KRW 50,000,000,000 won and KRW 150,000,000 were deducted; and (d) Defendant A cut off a taxi with the victim’s starting line on the top seat.

2. At around 21:10 on November 14, 2012, the Defendants, in collaboration with D, loaded I cab driven by the victim H in the back seat before the G University in Gwangju-gu, Gwangju-gu, and D, Defendant B, seated front seat before and left the victim’s end, seated front seat before the victim, and Defendant A, who was seated at the front seat, shall keep the front seat in front of the victim’s seat, and cut off 50,000 won of the market price of the victim’s cash, by opening a door to the storage box of the goods in front of the first place.

Summary of Evidence

1. Defendants’ legal statement

1. Application of Acts and subordinate statutes to the police statement of H and E;

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Articles 53 and 55(1)3 of the Criminal Code for discretionary mitigation (Article 55(1)3 of the Criminal Code (Article 53 and 55(1)3 of the Criminal Code (Article 55(1) of the Criminal Code does not have the history of criminal punishment and reflects the crime in this case; the victim H did not want punishment against the Defendants;

1. Article 62 (1) of the Criminal Act of the Suspension of Execution ( repeatedly taking into account the grounds for discretionary mitigation against the accused);