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(영문) 창원지방법원 마산지원 2012.11.07 2012고단635 (2)

특정범죄가중처벌등에관한법률위반(절도)

Text

Defendants shall be punished by imprisonment for six months.

However, the defendant B for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

A on May 9, 2012, in the Changwon District Court Msan Branch, sentenced to a suspended sentence of two years on October 17 of the same month to a thief, etc., and the judgment becomes final and conclusive on May 9, 2012, and is currently in the grace period.

1. Around 13:00 on July 18, 2012, Defendant A: (a) the Defendant reported the F and the network; (b) the G opened the door of an I vehicle owned by the victim H that was not corrected; and (c) the Defendant stolen another person’s property over a total of two occasions from that time, from that time to August 2, 2012, with one cigarette, such as a one cigarette, another bank passbook, a post office passbook, an apartment sales contract, etc. owned by the victim, which was located within the said area.

2. On July 23, 2012, around 02:50, Defendant B, jointly with J (the same day juvenile protective disposition) and A, the Defendant reported the J and the deceased. On the front of K in Chang-si, at around 23, 2012, the Defendant: (a) opened a door of the victim L L who did not correct the victim L; (b) opened a hand check of KRW 1,000,000,000,000,000,000 won, 11,000,000 won, 1,000,000 won, 1,000,000 won, 1,000,000 won, 3,000,000 won, and 1,000,000,000 won, respectively.

Summary of Evidence

1. The Defendants, G and F’s legal statement

1. Statement of the police statement to J;

1. A statement of H and L;

1. Each report on investigation;

1. On-site forest site:

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (prior to and after disposition and report on results of confirmation);

1. The Defendants of relevant legal provisions concerning criminal facts: Article 331(2) and (1) of the Criminal Act (the point of special larceny)

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

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act;

1. Defendant B of suspended execution: Reasons for sentencing under Article 62 (1) of the Criminal Act;

1. The defendant A together with his accomplices.