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(영문) 전주지방법원 정읍지원 2017.03.16 2016고단557
특수절도
Text

Defendants shall be punished by imprisonment for one year.

However, each of the above penalties shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 10, 2016, Defendant A was sentenced to a suspended sentence of six months for a violation of road traffic law in the Jeonju District Court's Eup branch court's order of November 10, 2016, and the said judgment became final and conclusive on November 18, 2016.

(Criminal facts) On July 17, 2016, the Defendants thought that ginseng would be cut off in the neighboring ginseng field around 04:00, and Defendant A’s Cone Star Co., Ltd will take a knife and have a knife and return back to the former Go Chang-gun.

On July 17, 2016, at around 04:40, the Defendants came to the ginseng field of the victim E located in the former North Chang-gun, Chang-gun, the Defendants made preparations in advance and made a shipment of approximately KRW 1.5 million in total at the market price owned by the victims, using the insertings and hos, etc., and carried the ginseng 105 ppuri of approximately six years in total at the victim’s market price.

As a result, the defendants stolen the victim's property together.

Summary of Evidence

1. Defendants’ legal statement

1. Statement made by the police for E;

1. A protocol of seizure and a list of seizure;

1. Photographs;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, reporting of a previous conviction before and after the disposition, and applying a copy of the judgment;

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

1. The first sentence of Article 39 (1) of the Criminal Act for concurrent crimes (defendant A): Provided, That the first sentence of Article 37 (1);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Surveillance of protection, Article 62-2 of the Criminal Act, the main sentence of Article 59 (1) of the Act on the Protection, Observation, etc. of Social Service Orders;

1. The reasons for sentencing under Article 48(1) of the Criminal Act include: (a) the Defendants were committed by committing a crime; (b) the Defendants did not have the same criminal record; (c) the entire damaged articles were returned to the Defendants; and (d) the Defendant’s judgment at the same time with a final judgment of conviction; and (b) the sentence should be determined in consideration of equity and the case where the judgment was rendered; and (c) the Defendants prepared a necessary tool in advance to commit a crime; and (d) the Defendants committed a theft at the new wall time.

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