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(영문) 창원지방법원 진주지원 2016.04.20 2016고단153
특수절도
Text

Defendant

A Imprisonment with prison labor for one year, and for six months, for each of the defendants B.

, however, from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A on February 2, 2016, the Changwon District Court was sentenced to imprisonment for one year for a violation of the Act on the Control of Narcotics, etc., and the judgment became final and conclusive on February 12, 2016.

On December 7, 2015, at the Jinju City around 22:10, the Defendants got in front of the curios for the operation of the Victim F in E, and Defendant A entered the said shop by using the crepans that the damaged person does not have to do so, with the same articles as the list of damaged articles in the attached Form, including two yellow dongs with the market price of at least one million won, and Defendant B got out of the surrounding area, and Defendant B got off the car with the above articles driven by Defendant A, rather than with the network from Defendant A, and was loaded in the G non-M B B car driven by Defendant A.

Accordingly, the Defendants, together, stolen the victim's property equivalent to the total market value of 2,585,00 won.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to F and H:

1. Application of Acts and subordinate statutes to report on the results of field meals;

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

1. Defendant A who handles concurrent crimes: After Article 37 of the Criminal Act, Article 39 (1);

1. Defendant B who is to be mitigated: Articles 53 and 55 (1) 3 of the Criminal Act;

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

1. Defendant A who observe the protection and observation: In light of the fact that Defendants A committed the instant crime by combining the reasons for sentencing under Article 62-2 of the Criminal Act at night, Defendant A had the record of having been punished several times for the same kind of crime, Defendant B had the criminal investigation agency denied his own crime and attempted to avoid his responsibility, etc., the Defendants’ liability for the crime is not easy.

However, it is necessary to consider the balance between the Defendants and the Defendants in the case of Defendant A and the case of the instant crime in the concurrent crimes of the latter part of Article 37 of the Criminal Act.

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