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(영문) 울산지방법원 2019.10.11 2019고단720
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

Punishment of the crime

The Defendants were married, and the Defendants were unable to live due to their lack of occupation, and they were able to steals construction materials from a construction site using CTluri car.

At around 03:00 on November 19, 2018, Defendants 2 moved to the Do New Construction Site, which was set up adjacent to the construction site, and Defendant A 2,5,73,000 won in total at the market price of the victim E, which was kept on the first floor of the construction site, entered the construction site, and used 5,000 fin fin fin f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. 8, 2019.

As a result, the Defendants stolen the property jointly.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written statement of F, E, and G;

1. Reports on each occurrence of a crime, reports on internal accidents, and reports on investigation;

1. Records of seizure and the list of seizure;

1. Application of each statute on photographs;

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

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Discretionary mitigation Defendants: Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 201Do1448, Apr. 1, 201)

1. Defendants in a suspended sentence: Article 62(1) of the Criminal Act (wholly considering the circumstances favorable to the above Defendants)

1. Probation and community service order Defendant A: The reason for sentencing of Article 62-2 of the Criminal Act is that the method and attitude of the crime are interviewed and planned, and the nature and circumstances of the crime are not good in light of the circumstances at the time of the crime. The number of victims of the crime in this case is multiple, the amount of damage exceeds 5.7 million won in total, and the amount of damage exceeds 5.7 million won. The Defendants, a couple, who got off their body at the very rare construction site over 12 months in total.

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