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(영문) 대전지방법원 2015.10.29 2015고단2638
특수절도
Text

Defendants shall be punished by imprisonment for six months.

However, with respect to the defendant B, it shall be for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On November 14, 2013, Defendant A was sentenced to imprisonment with prison labor for larceny, etc. at the Daejeon District Court, and was released on September 30, 2014 in the Western District Court of Daejeon District on the parole on September 27, 2014 during the execution of the sentence, and the parole period expired on November 27, 2014.

【Criminal Facts】

On March 15, 2015, at around 03:46, the Defendants combined with Eju (22) located in Seo-gu Daejeon, Daejeon on March 15, 2015, using the gap between the victim F and the stude while drinking alcohol, Defendant A used a new card that he was placed on the sofa, one resident registration certificate, one 1,100,000 won of cosmetics, etc., which contain the victim’s market price owned by the Defendant B, and Defendant B concealed the said a stude with the stude inside the joint.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written statement;

1. On-site photographs;

1. Previous records: Application of the Act and subordinate statutes, such as criminal records, etc., such as inquiry reports (A) and investigation reports (Evidence List 15);

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

1. Defendant A among repeated crimes: Article 35 of the Criminal Act;

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act;

1. Defendant B: Taking into account all the conditions of sentencing, such as the intention not to punish the victim of the second offense, reflectivity, the scale of damage, the age, occupation, and working conditions of the defendant during the period of the same repeated offense as specified in Article 62(1) of the Criminal Act (the reflectivity, the intention not to punish the victim, etc.)

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