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(영문) 서울남부지방법원 2013.06.27 2013고단1104
특수절도등
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

, however, the defendant from the date of this judgment.

Reasons

Punishment of the crime

1. The Defendants’ co-principal defendants jointly commit the crime:

A. At around 19:00 on October 24, 2012, Defendant A: (a) committed a theft by carrying one unit of the Dason cleaning machine, the market price of which is equivalent to KRW 736,000,000, the victim E, to Defendant B, and Defendant B, without calculating the Dason cleaning machine, was cut off.

B. On the 28th day of the same month, at the same place as in the victim’s 59,000 won, the Defendant cut off articles equivalent to the sum of 1,427,750 won, including the sum of 5P 2 sets, 67,900 won in the market value, 2 set of WMF aquacultures equivalent to the 53,970 won in the market value, 3 set of 3,970 won in the 35,980 won in the market value, and 2 set of 1,427,750 won in the kart.

2. On September 2012, Defendant A, at the same place as above, stolen goods worth KRW 1,04,50,000, in total, 168,90, including a design age, 5,000, 5,000, 168, and 5,000, in which the victim’s market price was 20,00,000 won, using the same method as indicated in the list of crimes, from around October 1, 2012.

Summary of Evidence

1. Defendants’ respective legal statements

1. E statements;

1. Each protocol of seizure and the list of seizure;

1. Photographs of each seized article;

1. Application of the Acts and subordinate statutes governing a copy of passbook and a new bank transaction confirmation document;

1. Defendant A of the pertinent legal provisions concerning criminal facts: Articles 331(2) and 329 of the Criminal Act (the point of larceny and the point of imprisonment with prison labor): Article 331(2) of the Criminal Act (the point of special larceny);

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

1. Defendants to discretionary mitigation: Defendant A deposited one million won for the victim under Articles 53 and 55(1)3 of the Criminal Act.

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