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(영문) 대구지방법원 안동지원 2016.06.21 2016고단287
특수절도등
Text

A defendant shall be punished by imprisonment for six months.

A seized cut machine (No. 1) shall be confiscated from the accused.

Reasons

Punishment of the crime

[criminal history] On May 31, 2013, the Defendant was sentenced to six months of imprisonment with prison labor for larceny of at night buildings in the Seoul Northern District Court, and on November 29, 2013, the Defendant completed the execution of the sentence at the Gesung Vocational Training Correctional Institution.

[Criminal facts] The Defendant, together with C (a disposition of suspending indictment on the same day), is a spouse,

1. On March 17, 2016, around 21:47, the Defendant: (a) took advantage of his/her view, such as killing the surrounding area in front of a hullus hullus, etc.; and (b) cutting up the locks of the Hun-Ga, the Defendant prepared to prepare for the use of a cutting machine, cutting off the locked of the Victim E (F Women’s Association) managed by the victim E; (c) cutting off the Hun-Ga 40 kilograms of the Hun-Ga, which are contained in the lush and loaded in the lush, and then cut down the Hun-Ga, the market price of which cannot be known by means of carrying 40km

2. Next, around 22:15 on the same day, in the old room of a house located in Ansan-si G, one of the following days, containing 30 km of the upper clothes 30 km managed by the injured person in a brue and carrying it in a brue, and then, thefting clothes with which the market price is unknown in a manner that does not know,

3. Next, around 22:45, around the same day, cutting down Hundry clothes collection boxes in front of a hull hull, which were administered by the injured party under the above method, but was attempted without cutting down Hundry clothes due to the absence of such clothes.

As a result, the Defendant, together with C, stolen or attempted to steals approximately 70km of clothes equivalent to the market value of KRW 12,000.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of suspect interrogation of the police against C, and a protocol of the police statement against E;

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

1. Application of CCTV or photograph Acts and subordinate statutes;

1. Article 331(2) and (1) (a) of the Criminal Act in relation to the facts constituting an offense in question, Articles 342, 331(2), and 331(2) and (1) (a) of the Criminal Act;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act is as follows.

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