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(영문) 창원지방법원 2019.08.09 2018고단2448 (1)
특수절도
Text

[Defendant A] The sentence shall be suspended for the defendant.

[Defendant B] The defendant shall be punished by a fine of two million won.

Reasons

Punishment of the crime

1. Defendant A, Defendant B, and C’s special larceny Defendants and C jointly, and they committed theft by inserting the gap in the orchard owned by the victim E in Kimhae-si on August 4, 2018, around 23:30, in which the victim E in Kimhae-si, the other Defendant B reported the network, and Defendant A and C included 35 of the victim’s market price in the instant orchard, which was prepared in advance.

2. On July 29, 2018, Defendant A and C combined with Defendant A and C, a special larceny Defendant A and C, and they stolen them by inserting them into a vinyl paper prepared in advance by making 15 the market value of the victim’s crepan trees located in the instant orchard, which had been neglected surveillance in the instant orchard, from around 22:10 on July 29, 2018.

3. Defendant B’s violation of the Road Traffic Act (unlicensed Driving) driving on August 4, 2018, at around 23:30, Defendant B, without the driver’s license of a motor vehicle, driven one rocketing motor vehicle from the road before the H convenience point in G at the same time to the road in the same city.

Summary of Evidence

1. Protocol concerning the interrogation of the suspect against the Defendants and C

1. Statement to E by the police;

1. Protocols of seizure, list of seizure, and photographs of seized articles;

1. 112 case settlement table;

1. Application of Acts and subordinate statutes on driving licenses;

1. Article applicable to criminal facts;

(a) Defendant A: Article 331(2) and (1) of the Criminal Act (a)

(b) Defendant B: Article 331(2) and (1) of the Criminal Act (the point of special larceny), Article 152 Subparag. 1 and Article 43 of the Road Traffic Act (the point of unauthorized Driving)

1. Selection of an alternative fine (as to the crime of violating the Road Traffic Act of the accused B);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Articles 37 and 38 (1) 3 of the Criminal Act to increase concurrent crimes;

1. Articles 70(1) and 69(2) (Defendant B) of the Criminal Act for the inducement of a workhouse;

1. Six months of imprisonment with prison labor for each sentence to be suspended (the first crime against the defendant B and the defendant A);

1. Article 59(1) and (2) of the Criminal Act of the Suspension of Sentence (abrupting circumstance is remarkable, when taking into account the favorable circumstances below):

1. The order of provisional payment;

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