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(영문) 광주지방법원순천지원 2020.12.16 2019고단3023
특수절도
Text

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

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Criminal facts

On October 11, 2019, around 08:55, the Defendants kept approximately 20 boxes of non-satisfin-fin-fin-fin-fin-fin-fin-fin-fin-fin-fin-fin-fin-fin-fin-fin-fin-fin-fin-fin-fin-fin-fin-fin-fin-fin-fin-fin-fin-fin-

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

Summary of Evidence

1. Application of the Defendants’ report on internal investigation (related to the confirmation of CCTV images of stables), internal investigation report (related to the specification of sealed vehicles), investigation report (related to the calculation of the amount of damage) to the witness witness D’s legal statement in part of the Defendants’ legal statement

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

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

1. The Defendants and the defense counsel of Article 62(1) of the Criminal Code asserts that the Defendants were not guilty of larceny, or that there was no intention of larceny, since they purchased stolen water by paying KRW 5,00 to F who managed livestock pens at the time of the instant case.

The following circumstances are acknowledged by the evidence duly adopted and investigated by this court: ① the instant livestock shed from which the Defendants had feed spawn, rice straw, etc. are owned by the victim D; ② the Defendants occupied and managed the said livestock shed and the goods stored in the said livestock shed in addition to the victim and the victim; ② the Defendants began to take out the goods into the livestock shed without the consent of the victim or his father; ③ the victims’ early arrival of the goods entered the livestock shed after a few minutes; ③ the Defendants did not confirm whether they had the right to possess or manage the goods; ④ the Defendants did not confirm whether they had the right to possess or manage the goods; ④ the amount of 5,000 won delivered to Defendant AF was the purchase price agreed between the Defendants and the victim or F.

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