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(영문) 광주지방법원 2016.06.29 2016고단1712
특수절도
Text

Punishment against the Defendants shall be determined by one year and two months.

The seized Masan Bank (No. 1), Section 1.

Reasons

Punishment of the crime

Defendant

B On April 11, 2013, the Daejeon District Court sentenced one year to imprisonment with prison labor for the attempted special larceny, etc., and completed the execution of the sentence in the Jeonju prison on October 30, 2013.

On March 16, 2016, at around 00:32, the Defendants: (a) laid down in the lower part of the F building located in Young-gun E; (b) Defendant A reported the network; and (c) Defendant B, using the pentfeds prepared in advance, cut off the steel net and intruded into the duct; and (d) duplicating into two parts, the market price of the victim G (54 years old) owned by the victim G (54 years old) was KRW 400,000, KRW 300,000, and loaded the H car.

As a result, the Defendants committed a theft of another's property jointly.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement related to G;

1. A protocol of seizure and a list of seizure;

1. Each photograph (on-site photographs, vehicle photographs, seized articles photographs);

1. Previous convictions indicated in the judgment: Inquiry of criminal history, application of investigation reports (the confirmation of criminal records of the same kind as the suspect B, and application of Acts and subordinate statutes of 339 pages);

1. Articles 331(2) and 331(1) of the Criminal Act concerning criminal facts

1. Article 35 of the Criminal Act for aggravated repeated crimes (defendant B);

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act (the Defendants)

1. Scope of sentencing recommended according to the sentencing criteria;

(a) Defendant B [Determination of Type] 4 (Determination of Case of Larceny) basic area (in case of intrusion upon places, other than indoor residential space, the scope of recommending punishment) / [the scope of recommending punishment] 1 to 2 years and 6 months;

B. Defendant A [Determination of Type] 4 (Determination of Larceny in Case of thief) (Determination of the recommended territory), mitigated area (in case of intrusion into places other than indoor residential space) [the scope of recommended punishment] from 8 months to 1 year and 6 months;

2. Determination of sentence: Each one year and two months of imprisonment with prison labor, and all of the sentencing conditions set forth in the pleadings of the instant case, including the Defendants’ age, sex, environment, health conditions, circumstances after the commission of the crime, and the circumstances after the commission of the crime.

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