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(영문) 대전지방법원 천안지원 2015.05.28 2015고단546
특수절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 21, 2012, the Defendant was sentenced to one year of imprisonment with prison labor for larceny, etc. in the Daejeon District Court Branch of the Daejeon District Court on September 21, 2012, and completed the execution of the sentence in the Incheon Prison on May 20, 2013.

1. Around March 14, 2015, around 14:00, the Defendant discovered that, in front of the construction site of the new studio construction site located in Dong-gu, Nam-gu, Dong-gu, Chungcheongnam-gu, Incheon, a building material owned by the victim E (hereinafter referred to as “the first studio”) was accumulated, and tried to steal it.

C On March 15, 2015, at the front of the construction site, C and the Defendant reported the network around C on March 15, 2015, and the Defendant loaded approximately 140 bits, which were loaded in F1 ton cargo vehicles, and loaded approximately 50 bits on G1 ton cargo vehicles, and then C and the Defendant driven the above cargo vehicles, respectively.

As a result, C and the Defendant committed a theft of approximately 4 million won at the market price of 193 Twitt, which is owned by the victim.

2. Around 00:40 on March 15, 2015, the Defendant, without obtaining a driver’s license, driven the F-type truck owned by the Defendant in the section of about 10km of the said day via the front of the Cheongcheon-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu and the front of the Cheongcheon-gu, Seo-gu, Seo-gu, and the front of the 16th road at around 03:00 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Each report on investigation;

1. The police seizure record and the list of seizure;

1. Previous convictions in judgment: Criminal records, copies of written judgments, and application of Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Articles 331(2) and (1) of the Criminal Act that apply to criminal facts, the choice of punishment (the point of special larceny), and subparagraphs 1 and 43 of Article 152 of the Road Traffic Act (the point of driving without a license and the choice of imprisonment);

1. Article 35 of the Criminal Act among repeated crimes;

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

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act (including the fact that an agreement has been reached with the victim) for discretionary mitigation;

1. Sentencing criteria;

(a) Advice for special larceny;

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