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(영문) 창원지방법원 통영지원 2012.09.14 2012고단722
절도미수등
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Defendant

A shall be punished by imprisonment for six months, by a fine of 3,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

[Criminal Power] On November 19, 2009, Defendant A sentenced the Ulsan District Court to one year and six months for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the sentence in the Busan Correctional Institution on March 6, 2011.

【Criminal Facts】

1. Defendant A, at around 10:00 on April 2012, 201, infringed upon the victim F’s house located in Dong Young-si, through an open gate and the entrance door, and attempted by cutting off the stolen object to the victim’s house in the course of printing it.

2. At around 13:00 on October 14, 201, Defendant B received a request from Defendant B to sell 18k precious metal sets at the market price in which the victim was the victim’s non-name, at the entrance of the shipbuilding equipment factory called Dasung-gun G, Gosung-gun.

Defendant

B knowingly, around 14:00 on October 14, 201, sold 1,630,000 won to I who is the owner of the relevant precious metal, and arranged the transfer of the stolen goods.

In addition, from around that time to February 9, 2012, Defendant B received the total amount of KRW 8,902,000 for precious metals of the victims and arranged for the transfer of stolen goods in the same way as shown in the attached list of crimes.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to I and F;

1. Each investigation report (No. 6, 7, 9, 1022 No. 6, 100);

1. Purchase account books, photographs;

1. Previous conviction (Defendant A): Application of Acts and subordinate statutes concerning criminal records (Evidence No. 55) and investigation reports (Evidence List No. 60);

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 319(1) of the Criminal Act (influence of residence), Articles 342 and 329 of the Criminal Act (influence of larceny) and each choice of imprisonment with prison labor

B. Defendant B: Article 362(2) and (1) of the Criminal Act; selection of fines

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

1. Defendants among concurrent crimes: the former part of Article 37 of the Criminal Code.

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