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(영문) 수원지방법원 2018.08.21 2018고단3249
특수절도등
Text

A defendant shall be punished by imprisonment for six months for each of the defendants.

However, it is against the Defendants for two years from the date of the final conclusion of the judgment.

Reasons

Criminal facts

1. The Defendants committed joint crimes by the Defendants at D companies located in Osan-si C around May 12, 2018, in front of tins by using the cres without any human being.

D, the head of the office of the E, 100,00 won in cash managed by E, citing the fact that the market price of which includes approximately KRW 100,000,000.

As a result, the defendants stolen the above property together.

2. On May 12, 2018, from around 23:37 to the next day 00:24 of the following day, Defendant A driven a Jtok car without obtaining a driver’s license from the front day of the G which the Defendant residing in the F of Osan-si to the Hasan-si I parking lot via the Hasan D and the H adjacent vacant lots.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. The details of the vehicle register, the vehicle driver's license register, and the detailed specifications of the driver's license; and

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

1. Application of Acts and subordinate statutes to photographs, seized objects photographs by cutting off on-site photographs, CCTV images, or by cutting down CCTV images;

1. Article 152 Subparag. 1, Article 43 of the Road Traffic Act (Unlicensed Driving, Selection of Imprisonment), Article 331(2) and Article 331(1) of the Criminal Act (special larceny) Defendant B: Article 331(2) and Article 331(1) of the Criminal Act;

1. A aggravated defendant for concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the total of the long-term punishments for each crime);

1. Small-scale mitigated Defendants: Articles 53 and 55(1)3 of the Criminal Act

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Protective observation and community service order Defendant A: Circumstances favorable to the Defendants on the grounds of sentencing under Article 62-2 of the Criminal Act are as follows.

The Defendants are divided into the instant crime and are against the Defendants.

The defendants' misappropriation was returned to the victim.

Defendant

A has no criminal record of imprisonment with prison labor, and Defendant B has no record of criminal punishment except for a minor fine once.

The circumstances against the defendant are as follows.

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