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(영문) 수원지방법원 여주지원 2015.07.06 2015고단203
특수절도
Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the conclusion of the judgment, each of the above two years against the Defendants.

Reasons

Punishment of the crime

『2015고단203』『2015고단348』 피고인들은 피고인 B가 피해자 D의 주거지에서 피해자와 함께 술을 마시는 사이 피고인 A이 전선 및 고철 등을 절취하기로 모의하였다.

Defendant

A around 14:00 to 15:00 on January 12, 2011, at the victim D's house located in Ischeon-si, and around 14:00 to 15:00, Defendant B drinked with the victim and her drinking with the victim's attention different from the victim's attention. Among them, Defendant A cut off 50 meters of electric wires equivalent to KRW 1,500,000 at the market price owned by the victim's electric power company from the telegraph station located in the ginseng field in its neighboring area to the Central Gmpppher, and carried out a pipe, etc. equivalent to KRW 1,00,000, at the victim D's market price stored in the said electric cable and the abandoned house.

As a result, the defendants stolen the victims' property together.

Summary of Evidence

1. Defendants’ respective legal statements

1. On-site photographs;

1. Application of Acts and subordinate statutes on police statements made to F and D;

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

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38(1)2 and 50 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: Reasons for sentencing in Article 62-2 of the Criminal Act [the scope of recommending punishment] [the grounds for sentencing in Article 62-2 of the Criminal Act] The mitigated area of category 2 (General thief) and the mitigated area (4-10 months] [the specially mitigated person] [the decision of sentencing] and the defendants jointly stolen another's property, and in light of the method of committing a crime, etc., the nature of the crime shall not

However, the punishment was determined in consideration of the fact that the defendants led to crimes and reflects, and that there was an agreement with one of the victims.

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