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(영문) 전주지방법원 2019.08.21 2019고단934
특수절도
Text

1. Defendant A shall be punished by imprisonment for eight months.

However, the above sentence shall be executed for a period of two years from the date this judgment became final.

Reasons

Punishment of the crime

Defendant

A, with the knowledge of the fact that the victim E loaded about 160 loppys (loppy pumpss) in the front of D in the state-owned armed forces C, he proposed to Defendant B that “I would have obtained it after cutting down the loppy pumps from the construction work,” and the Defendant B conspired to steal the concrete loppys.

On March 9, 2019, at around 19:03, the Defendants: (a) boarded the Fwing-3 truck owned by Defendant A and arrived at the front of the foregoing D; (b) Defendant A cut the steel bars bound by a Ver; and (c) Defendant B, from the bottom of the truck, was cut off 10,00 of the victim’s market price by loading and carrying the erop from the erop to the truck on the erop; and (d) Defendant B cut 1,00 of the erop, the erop (ropp) at which the victim’s market price is equivalent to one million won.

As a result, the defendants stolen the victim's property together.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol against the Defendants

1. E statements;

1. The application of Acts and subordinate statutes to report internal investigation (field situations), report internal investigation (related to damaged articles and photographs of criminal implements), investigation report (related to the quantity of damaged articles);

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 (referred to as the following grounds for sentencing):

1. Defendants subject to suspended execution: Article 62(1) of the Criminal Act (The following grounds for sentencing are considered as follows);

1. Defendants of the community service order: Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. The scope of recommending punishment according to the sentencing guidelines [decision of types]. The scope of larceny [type 2] general larceny [the scope of recommending area and recommending punishment] and the basic area of punishment, six months to one year and six months; and

3. The following circumstances: The defendant's age, character and conduct, environment, occupation, family relationship, and crime:

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