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(영문) 청주지방법원 충주지원 2017.03.29 2016고단985
특수절도등
Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the final judgment of this case, each of the above two years against the Defendants.

Reasons

Punishment of the crime

The Defendants are incorporated into a high school alumni;

1. On October 2, 2016, around 04:20, the victim E-owned straw in front of the Drack Market located in Chungcheongnam-si, by inserting the enormous machine into a stude with a gap in the aspect of the victim E-owned straw in front of the Drack Market located in Chungcheongnam-si, and then in the market price’s toy cars, one straw in the market price, one straw in the market price, and one straw in the market price, respectively;

2. At around 04:40 on the same day, training-based 2 complex 360, scooters-ro 360 on the same day, in order to bring about the unscood scood scood scood scood 204, previous bicycle 204, the front scood scood scood scood scood scood scood scood scood

As a result, the Defendants committed a theft of the scooters owned by the victim E and attempted to steals the scooters owned by the victim F.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written statement of F and E;

1. Reports on internal investigation, and each CCTV reading photograph;

1. Application of on-site photographs and photographs of damaged parts, on-site photographs, and statutes concerning on-site photographs;

1. Article 331(2) and (1) (special larceny) of the Criminal Act in relation to the facts constituting an offense, Articles 342, 331(2) and 331(2) of the Criminal Act (the point of attempted special larceny) of the said Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to sentencing under Article 62-2 of the Social Service Order Criminal Act: The Defendants committed each of the instant crimes within a short period of time, and the Defendants committed the instant crimes using affirmative methods, such as destroying goods, and the circumstances favorable to the fact that the damage to the instant special larceny was not recovered: The Defendants recognized all of the instant crimes; and the victims of the instant special larceny attempted crimes are not wanting to be punished by the Defendants.

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