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(영문) 광주지방법원 순천지원 2016.12.08 2016고단1988
특수절도
Text

Defendant

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

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendants, who drink the alcohol between her natives, and who are different her natives, made a proposal by Defendant A to steals the vehicle to Defendant B, and Defendant B consented thereto.

On July 21, 2016, at around 06:00, the Defendants opened a door of the vehicle parked in the vicinity of the Franchisc apartment and opened it. Defendant A discovered that the vehicle height is parked in the Epoter cargo vehicle owned by the victim D, the market price of which is equivalent to KRW 3 million at the above C apartment 102 parking lot. Defendant B was waiting before the F convenience store located far away from approximately 147 meters from the parking place of the above poter freight vehicle, and Defendant A her franscing the above poter freight vehicle.

According to the above mother, at around 06:35 on July 21, 2016, Defendant A driven the above cargo vehicle and waited for Defendant B as the above F convenience store, Defendant A driven the above cargo vehicle without Defendant B being on board, and escaped.

Accordingly, the Defendants committed a theft of the property owned by the victim jointly.

Summary of Evidence

1. Defendants’ legal statement

1. Each statement of D and G;

1. Police seizure records;

1. Investigation report (investigation of the distance between the place of crime and the place where the suspect B was involved), and application of Acts and subordinate statutes governing site photographs around the place of crime;

1. Defendants of relevant legal provisions concerning criminal facts: Article 331(2) and (1) of the Criminal Act

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act;

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

1. Defendants on probation and community service order: Defendants on the grounds of sentencing under Article 62-2 of the Criminal Act have no record of the same kind of crime except where the suspension of indictment is imposed or the case is forwarded to the Juvenile Department.

In addition, there is a lot of room for improvement with the age of over 20 years on the side.

In addition, the victim.

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