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(영문) 제주지방법원 2013.12.26 2013고단1051

특수절도등

Text

Defendant

A Imprisonment with prison labor of one year and six months, and each of the defendants B and C shall be punished by imprisonment with prison labor of eight months.

However, as to Defendant A, this shall not apply.

Reasons

Punishment of the crime

1. At around 17:00 on February 27, 2013, the Defendants: (a) extracted 2 girs in the dry field stone fence owned by the victim G in Jeju City F without the victim’s permission; (b) stolen them by means of loading one ton of girs trucks; and (c) during eight times in total from the aforementioned date to the police officer in March 2013, the Defendants stolen 31.5 million won in total from the market price from the first place of week to the middle of 2013, as indicated in the list of crimes.

2. Defendants in violation of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Creation of Free International City, around 17:00 on March 23, 2013, discovered the 15 mama, which is the conservation resources stolen, to be taken out to the landscaping office of Defendant A in Ansan-si without permission from the Governor of Jeju Special Self-Governing Province, while being loaded into the I Free International City and being taken out to the outside of Jeju Special Self-Governing Province through the I Free International Passenger Ship in the state of being loaded into the I Free International Zone operated by He without knowledge of the circumstances.

Summary of Evidence

1. Defendant A and C’s respective legal statements and partial legal statements of Defendant B

1. Each police statement made to H and J;

1. Each statement of G, K, L, M, N, andO;

1. Application of Acts and subordinate statutes to each photograph and seizure protocol;

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, Article 331 (2) and (1) of the Criminal Act (the occupation of special larceny), Articles 360 (1) and 358 (1) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City, and Article 30 of the Criminal Act (the attempted act of carrying out resources without permission for preservation resources, and the choice

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

1. Defendant B and C’s discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act (the following extenuating circumstances among the favorable reasons for sentencing);

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order Article 62-2 of the Criminal Act, the defendants, jointly and severally, steals others' goods and preserving resources of Jeju-do.