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(영문) 울산지방법원 2016.12.01 2016고단2053
특수절도등
Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the conclusion of the judgment, each of the above defendants is against the defendants for one year.

Reasons

Punishment of the crime

1. On May 28, 2016, Defendant A invadedd Defendant A into the above restaurant in order to search for stolen objects to the F cafeteria operated by the victim E in Ulsan-gu, Ulsan-gu, the victim E at around 08:44.

2. The Defendants: (a) conspiredd the victim to steal the scrap plates offered in front of a restaurant for food washing at the same date and time as in the preceding paragraph; and (b) Defendant B reported the network; and (c) Defendant A carried out the network with the G Poter freight trucking in advance 80,000 won at the market price owned by the victim.

After all, the defendant stolen the property owned by the victim jointly.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to E by the police;

1. Application of Acts and subordinate statutes, such as guidance and criminal scene photographs;

1. Relevant Article 319(1) of the Criminal Act and Article 331(2) and Article 331(1) of the Criminal Act (a) (a matter of intrusion upon residence and a matter of imprisonment), Defendant B: Article 331(2) and (1) of the Criminal Act;

1. Defendant A 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 (the injured party does not want the punishment of the Defendants, and considering favorable circumstances such as the fact that the Defendants did not have any particular criminal record)

1. Defendants of a suspended sentence: The grounds for sentencing under Article 62 (1) of the Criminal Act; and

1. Defendant A: Special larceny [Scope of Recommendation] for a period of not less than one month in prison, and the mitigation area (one to six months) in the area of mitigation of punishment (special mitigation) for general property (special mitigation) (one to six months): Only the lowest limit is applied to crimes to which the sentencing criteria are not applicable;

2. Defendant B: Imprisonment with prison labor for not less than one month but not more than six months (the scope of recommending punishment); the mitigation area (one to six months) of the mitigation area (one to six months) of the larceny in general property; and

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