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(영문) 광주지방법원 2019.07.12 2019고단2021

특수절도등

Text

[Defendant A] The defendant shall be punished by imprisonment for eight months.

[Defendant B] The defendant shall be punished by imprisonment for eight months.

except that this judgment.

Reasons

Punishment of the crime

On May 23, 2019, at around 00:46, the Defendants came to be “D” parking lot located in the Jeonsung-gun, Chungcheongnam-gun, Seoul. Defendant B reported the network at the above parking lot, Defendant A opened a driver’s seat in FK7 car owned by the victim E, which was parked there, and entered the said car into the said car and had one hand of the victim’s right of oral gift in an amount of KRW 650,000,000, and one hundred and fifty thousand, which was located in the center so as to be kept in the center so far as the victim’s market price was 6,50,000,000 won. By May 28, 2019, the Defendants did not in such a way as described in the list of crimes as above, and did not in such way acquire or attempted to commit any property of KRW 3,00,000, total amount of money owned by the victims over 14 times in total.

As a result, the Defendants jointly stolen or attempted the victims' property.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning G;

1. Each statement of H, I, J, K, L, M, N,O, P, E, Q, and R;

1. Investigation report (investigation of victim S Telephone);

1. Sceness of CCTV images of the Control Center in the Massung-gun, and screen images of the CCTV images to be taken;

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. The Defendants of the relevant legal provisions concerning criminal facts: Article 331(2) and (1) of the Criminal Act (the point of each special larceny), and Articles 342 and 331(2) and (1) of the Criminal Act (the point of each special larceny);

1. The Defendants of the O among concurrent crimes: former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act;

1. Discretionary mitigationO Defendants: Articles 53 and 55(1)3 of the Criminal Act;

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

1. Defendant B of probationO: The reason for sentencing under Article 62-2 of the Criminal Act [Defendant A] is inevitable in light of the fact that the Defendant was sentenced to two years of imprisonment for the same kind of crime on April 25, 2019 and again again commits each of the crimes in this case during the period of probation.

The sentence is that the victims mentioned in Nos. 1, 3 through 6, 9, 12, 13, and 14 in the list of crimes are the preference of the accused.