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(영문) 창원지방법원 통영지원 2017.06.13 2017고단552
특수절도등
Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the conclusion of the judgment, each of the defendants is against the defendants for one year from the date of the judgment.

Reasons

Punishment of the crime

1. On January 24, 2017, the Defendants of special theft came to the D 1st E parking lot located in Seo-gu, Daegu on the 19:30 on January 24, 2017, and Defendant A used four sets of 400,000 won in the market price owned by the victim F attached to his own golf studs. Defendant B used four set of 150,000 won in the market price owned by the victim on the above parking lot.

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

2. On January 29, 2017, the Defendants attempted to cut off a thief line (in connection with other vehicles) of the market value of the victim F owned by the victim F located on the floor of the parking lot, by discovering two lines for vehicle use in the market value of the victim F located on the floor of the parking lot, and inserting them into the boxes. However, the Defendants failed to be discovered by the security guards who managed the place, and thus did not have the intent.

As a result, the Defendants jointly attempted to steal the property owned by the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement concerning G and F;

1. Application of Acts and subordinate statutes to internal investigation reports (in cases of attaching photographs), investigation reports (in cases of attaching photographs to damaged objects), investigation reports (in cases of cutting off on-site CCTV images, attaching photographs);

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

1. Reduction of a small amount under Articles 53 and 55 (1) 3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act for the suspension of execution;

1. Defendant A: The crime of this case with the reason for sentencing under Article 48(1)1 of the Criminal Act was committed by the Defendants on two occasions, which committed the crime of this case. The Defendants committed each of the crimes of this case, which committed the crime of this case, was committed in two times and attempted to steals a vehicle set at the parking lot, and the crime was not committed. However, the Defendants committed each of the crimes of this case.

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