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(영문) 대전지방법원 천안지원 2020.05.26 2020고단683
특수절도등
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for ten months.

except that, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A: (a) around 02:50 on November 24, 2019, around 02:50, the Defendant opened a door of a friendly vehicle parked in the “D” parking lot located in Asan City, and entered the vehicle into the vehicle, and carried approximately KRW 480,000 in cash owned by the Victim F, which was kept in the container.

Accordingly, the Defendant stolen the property owned by the victim.

2. Defendants’ co-principal conduct

A. On December 13, 2019, at around 02:32, the Defendants: (a) opened a door of an Ichier car that was parked in the Hdong parking lot of the G-dong Building G-si; and (b) entered the vehicle into the vehicle, and Defendant A had approximately KRW 200,000 in cash owned by the victim J, which was located in the Contact.

As a result, the defendants stolen the property owned by the victim jointly.

B. On January 29, 2020, at around 01:54, the Defendants opened a door of Lacker-in vehicle parked in the front of the Sinsan City, and enter the vehicle into the vehicle, and Defendant A has approximately KRW 600,000,000 in cash owned by the victim M, which was in the container.

As a result, the defendants stolen the property owned by the victim jointly.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement;

1. Application of Acts and subordinate statutes of each photograph (No. 4,19,34) (Evidence List);

1. Relevant Article 331 (2) and (1), and Article 329 of the Criminal Act (Selection of Imprisonment): Article 331 (2) and (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Discretionary mitigation (as to the defendant B), Articles 53 and 55 (1) 3 of the Criminal Act;

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act for probation and community service order are both recognized and against all the defendants, and agreed with the victims, Defendant A has been sentenced to a fine once for the same kind of crime and seven times of juvenile protective disposition, Defendant B has a record of being subject to juvenile protective disposition once, and other facts.

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