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(영문) 울산지방법원 2013.12.20 2013고단3593
특수절도
Text

Defendants shall be punished by imprisonment for eight months.

However, as to the defendants, the above two-year period from the date of this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On October 107, 201, around 10:30, the Defendants were in the victim D management in Ulsan-gun, Ulsan-gun, U.S. on the victim D management. On the other hand, the Defendants 1 engine saws equivalent to KRW 8,40,00 in the market value owned by the victim inside the building and around the building, one air pumps with the market value of KRW 40,000,000 in the market value of KRW 50,000,000 in the market value of KRW 50,000,000 in 20,000, and 30,000,000 won in the market value of KRW 1.

As a result, the defendants stolen the victim's property together.

2. Defendant B’s violation of the Road Traffic Act (unlicensed Driving) driven a vehicle from around 09:00 on July 1, 201, 2013 to E-lane in the same military C from the Defendant’s residential path in Ulsan-gun G, Ulsan-gun, without obtaining a driver’s license.

Summary of Evidence

1. Defendants’ respective legal statements

1. Written statements of D;

1. An investigation report (Submission of a victim's complaint, confirmation report on confirmation of a certified copy of family register, victim D's appearance, and hearing of telephone statements);

1. Application of the motor vehicle driving license ledger (suspect B)-related Acts and subordinate statutes;

1. The Defendants of relevant legal provisions concerning criminal facts: Articles 331(2) and 331(1) of the Criminal Act (the occupation of special larceny) 2: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the Road Traffic Act (the occupation of driving without a license);

1. Defendant 2: Imprisonment with prison labor for a violation of the Road Traffic Act;

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

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

1. Defendants subject to suspended execution: Article 62(1) of each Criminal Act (the recovery of partial damage, Defendant 1 does not have the same kind of crime, and Defendant 2 is only one fine for the same crime within 10 years);

1. Defendant 2 on probation: The proviso to Article 62-2 (1) and (2) of the Criminal Act;

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