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(영문) 광주지방법원 순천지원 2016.06.29 2016고단742
특수절도
Text

Defendants shall be punished by imprisonment for ten months.

However, the execution of each of the above penalties for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 27, 2016, around 23:00, the Defendants: (a) committed a theft by carrying 32 parts of the cargo trucking the sum of KRW 6,000,00 in the market price of the victim’s possession, using the gaps in surveillance in the second wing place of the victim F in the former North Chang-gun E, Chang Chang-gun; and (b) loaded 32 parts of the cargo trucking the victim’s ownership.

2. On April 3, 2016, around 23:30 on April 3, 2016, the Defendants: (a) took advantage of the gaps in which surveillance was neglected in the heads of the victim H’s clubs located in the Southern-gun G, the Defendants: (b) stolen the cargo onto the twitter, which has loaded nine a total sum of 1.8 million won at the market price owned by the victim.

3. On April 11, 2016, at around 23:00, the Defendants: (a) committed a theft by carrying 24 parts of the cargo trucking the sum of KRW 4.8 million in the market price of the victim’s ownership, using the gaps in surveillance at the breath of the victim JJ located in Bosung-gun, Namsung-gun; and (b) on the part of the cargo trucking the sum of KRW 4.8 million.

4. On April 24, 2016, at around 23:00, the Defendants: (a) committed a theft by carrying 18 parts of the cargo trucking the sum of 4.5 million won at the victim’s market price, using the gaps in which surveillance was neglected in the victim’s clubs located in K located in the Southern-gun, Nam-gun; (b) around 23:00 on April 24, 2016.

Accordingly, the Defendants, together, stolen the total amount of 17.1 million won of the market price through four times in total.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police against F, J, or L;

1. A H statement;

1. On-site photographs, 7 copies of the relevant photographs, 4 copies of the relevant photographs, 19 copies of the photo, five copies of the photograph, such as the punishment that the victim stolen, five copies of each currency, and on-site photographs;

1. Application of Acts and subordinate statutes to each investigation report (comprehensive investigation of field and peripheral CCTVs, specific suspect, report on theft, etc.);

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

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37, Article 38(1)2, Article 50, and the proviso of Article 42 of the Criminal Act;

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Small-scale mitigated Defendants: Articles 53 and 55(1)3 of the Criminal Act

1. Defendants to observe protection and provide community service order: The reasons for sentencing under Article 62-2 of the Criminal Act [types].

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