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(영문) 창원지방법원 마산지원 2014.05.14 2014고단328
특수절도
Text

Defendants shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On March 21, 2014, the Defendants were sentenced to a suspended sentence of six months for each of the crimes of attempted special larceny at the Changwon District Court, and the judgment became final and conclusive on March 29, 2014.

At around 11:00 on January 12, 2014, the Defendants jointly loaded the Fpoter cargo loaded at the Fpoter cargo loaded at the off-site of the E-factory demolition bided by the victim C victim D in Changwon-si, Masi-si, and loaded at the site of the E-factory removal of the E-factory in which the victim D had no room in the surrounding areas, three strings of the toilet aluminium entrance, four toilets at the new toilets of the toilet entrance, one plastic lick-type partition, and four scrap metal, in advance, equivalent to the total market value of 65,00 won.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement concerning G and D;

1. Seizure records;

1. Application of Acts and subordinate statutes to a report on investigation (attached to judgment, etc.);

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

1. The latter part of Article 37 of the Criminal Act and Article 39 (1) of the same Act for concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (Scope of Recommendation) [Article 62 (1) of the Criminal Act] of the Act on the Suspension of Execution [Article 62 (1) of the Act on the Suspension of Execution] In cases where a person intrudes into a place, other than a living-type and indoor residential space (Article 62 (1) (Article 2 of the Act on the Suspension of Execution) (Article 37 of the Criminal Procedure) (Article 37 of the Act on the Larceny of General Property), consideration of the following factors: Imprisonment for six months (Article 6 of the

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