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(영문) 수원지방법원 성남지원 2016.02.04 2015고단2822
특수절도
Text

1. The defendant A shall be punished by imprisonment for six months and imprisonment for eight months, respectively;

2.However, from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

B On December 12, 2014, a person who was sentenced to imprisonment with prison labor for larceny and one year of suspended sentence on July 30, 2015 is a person who was sentenced to imprisonment with prison labor for 4 months and the above judgment became final and conclusive on July 30, 2015.

The Defendants: (a) were those who prepared to set up a te-art lending store in the name of “E” in Hanam-si; (b) returned to a warehouse in Hanam-si; and (c) conspired to steal plastic te-art and display it at a te-art lending store.

1. From September 14, 2015 to 20:50 on the same day, the Defendants, together, stolen the amount equivalent to KRW 1,240,00 on the market price of 31st century, which the victim H accumulated, from September 14, 2015, in front of the (State) G office located in the Hanam-si, Hanam-si, Seoul.

2. From September 18, 2015 to around 20:54 on the same day, the Defendants, together, stolen the amount equivalent to KRW 660,00 at the market price of the 11st unit of the Pakistan he stockpiled, in the same manner as Paragraph 1, before the J warehouse located in the Hanam-si of the Republic of Korea from around 21:01 on the same day.

3. The Defendants jointly stolen from September 21, 2015 to around 08:30 on the following day, the amount equivalent to KRW 336,00 in the market price of Chapter 28, the victim M, in the same manner as Paragraph 1.

4. On October 13, 2015, the Defendants jointly stolen the amount equivalent to KRW 600,000 at the 12th market price of the victim P, in front of the O storage located in the Hanam-si N on October 13, 2015, in the same manner as Paragraph 1.

As a result, the Defendants committed a theft of the Chapter 82 of 2,836,00 won in total on four occasions.

Summary of Evidence

1. Defendants’ respective legal statements

2. Each written statement of H, K, M, and P;

3. Police seizure records;

4. Previous convictions: Application of Acts and subordinate statutes governing criminal history.

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

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

3. Defendant A: The grounds for sentencing under Article 62(1) of the Criminal Act [the scope of punishment]; imprisonment from six months to ten years [the scope of recommended punishment]; theft against general property.

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