beta
(영문) 의정부지방법원 2014.01.07 2013고단4015

특수절도

Text

Defendants shall be punished by imprisonment for six months.

However, for two years from the date this judgment became final and conclusive, Defendant A.

Reasons

Punishment of the crime

1. The Defendant A, B, C, D Defendant A, B, C, and D combined and cut the said lock tree using locks prepared in advance, locks, locks, locks, and locks prepared by the victim I, who discovered locks in locks H in Gyeonggi-si, around May 26, 2013.

As a result, the above defendants stolen another's property jointly.

2. Defendant A, B, and B jointly set a mountain field managed by the victim I while setting a mountain field at the same time as that of paragraph 1, Defendant A, B, and B discovered the mountain field managed by the victim I, and then sold mountain ginseng 19 ppuri 19,000 won in total at the market price owned by the victim.

As a result, the above defendants stolen another's property jointly.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police officer to I;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes recording on site photographs;

1. Article 331 (2) and (1) of the Criminal Act (the point of each special larceny) applicable to applicable criminal facts;

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

1. Article 53 and Article 55(1)3 of each Criminal Code (hereinafter referred to as “voluntary mitigation”) (Article 55(1)3 of each of the Criminal Code (hereinafter referred to as “Defendants”) (Article 53 and Article 55(1)3 of each of the Criminal Code (hereinafter referred to as “Defendants”); Defendant B deposited KRW 1 million for the victim; Defendant A and Defendant D did not have any criminal record of the suspended execution or more; Defendant B and Defendant C

1. Article 62 (1) of the Criminal Act (including repeated consideration of the circumstances specified in the above) of each of the suspended execution;