특수절도
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On November 16, 2013, the Defendant: (a) knew of the existence of the victim’s farming machinery at the victim D’s farm located at Changwon-si’s window C, the Defendant carried F on the Defendant’s 1 ton truck; (b) stopped by the victim’s above farm; and (c) driven the f at the victim’s farm; and (d) driven the f at the victim’s farm; and (c) driven the f at the victim’s farm; and (d) driven the f at the victim’s farm; and (e) driven the f at the victim’s flick, the flick of which is equivalent to KRW 1 million owned by the victim; and (e) operated the flick of which the market price is equivalent to KRW 2 million.
Accordingly, the defendant stolen the victim's property together with F.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of D;
1. Managed photographs;
1. A report on internal investigation (verification and analysis of CCTV around the site);
1. Investigation report by the prosecution (specific method of the offense F, and confirmation of the existence of an accomplice at the scene);
1. Application of Acts and subordinate statutes to report police investigations (the analysis of food CCTV, attachment of damaged products and distinctive features to vehicles adjacent to the scene of damage, attachment of photographs by capturing up the data in passage to the E Cryyang Elementary School, attachment of edible CCTV screen for vehicles in the Gangnam-gu reservoir in Korea, attachment of two suspects' materials, investigation of suspect's whereabouts, tracking of suspect F whereabouts);
1. Article 331 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act for a suspended sentence (the following extenuating circumstances among the reasons for sentencing):
1. The reason for sentencing under Article 62-2(1) of the Criminal Act on probation and community service order is against the defendant's disadvantage or the defendant's committing a crime, such as: (a) the defendant has a career of larcenying several times in the past; (b) the defendant was sentenced to imprisonment with prison labor for 8 months for special larceny on December 2007 and has completed the execution of the sentence; (c) the same crime has been repeated at the same time; and (d) the crime committed a joint theft of agricultural machinery that is planned by mobilization of vehicles to the vehicle at night is not good; and (d) the fact that the defendant did not agree with or have not been able to agree with the victim.