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(영문) 대구지방법원 포항지원 2016.10.20 2016고단1018
특수절도
Text

Defendant

B A person shall be punished by imprisonment for not less than eight months.

However, with respect to Defendant B, the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 7, 2016, the Defendants co-principal found one unit of E 125CC 1,50,000 at the market price where the victim D parked in the 108-dong underground parking lot located in the 175-dong 108-dong 108-dong 175, in order to find out one unit of 1,50,000 the market price where the victim D was parked in the north-dong 175-dong 108-dong 100, and the F reported the network from the side, and the Defendant A, who was prepared in advance, walked a Dong by using the key to the city, going to the city by the same method while Defendant B and G going to go to the city by the same way.

As a result, the Defendants stolen the victim's property together with F and G.

2. From May 7, 2016 to 03:40 on May 7, 2016, Defendant B: (a) taken advantage of the cresh in around the 108-dong 108-dong 1st underground parking lot of the apartment as stated in paragraph (1) to steals the articles located in the vehicle; (b) took advantage of the cresh, which was parked in the said place; (c) but (d) did not lead to an attempted attempt, even though the cresh of the passenger car, which was the victim H ownership, was parked in the said place.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol concerning G and F;

1. Statement made to D by the police;

1. The scene of crime and photographs of damaged articles;

1. Each internal report (related to the verification of CCTV images; related to the verification of damaged vehicles); the application of statutes;

1. Defendants of the pertinent law and the choice of punishment regarding criminal facts: Articles 331(2) and 331(1) of the Criminal Act (the occupation of special larceny) Defendant B: Articles 342 and 329 of the Criminal Act (the occupation of attempted larceny and the choice of imprisonment)

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

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Articles 55(1)3 of the Criminal Act)

1. Defendant B, a suspended execution: Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act;

1. Probation and the defendant B of a community service order: Article 62-2 of the Criminal Act;

1. Defendant A of suspended sentence: Article 59(1) of the Criminal Act; Juvenile Act.

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