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(영문) 대구지방법원 2016.08.09 2015고단5382
특수절도등
Text

1. The defendant shall be punished by imprisonment for six months;

2. The charge of intrusion upon residence among the facts charged in the instant case is acquitted.

Reasons

Punishment of the crime

On November 28, 2013, the Defendant was sentenced to imprisonment with prison labor for larceny in the Daegu District Court, and on June 21, 2014, the Defendant completed the execution of the sentence in the Daegu Prison.

The Defendant, along with C, conspired with C to attract a rier carrying solids, and steals electric wires, hardwares, etc. and sell them on the water.

1. From around 06:00 around May 2015 to around 07:0, the Defendant came to the warehouse of the victim E in Daegu Dong-gu, Daegu Dong-gu, Daegu-gu, the victim’s market value was KRW 200,00,00, and C removed the above gate from the hushes, using the rejection thereof (hereinafter referred to as “clutin”), and carried it together with the Defendant and C, and carried it.

Accordingly, the defendant stolen the victims' property together with C.

2. On May 5, 2015, from around 15:00 to around 16:00 to around 16:0, the Defendant, along with C, carried 2 km of the market price in which the victim G was in custody to use in remodelling work, and carried 2 km of electric wires owned by the victim.

Accordingly, the defendant stolen the victims' property together with C.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning suspect interrogation of C by the prosecution;

1. Statement made by the police with H;

1. Each written statement of E and G;

1. Each investigation report (No. 2, 4, and 7 No. 1336 of the evidence list);

1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (verification of suspect A, a repeated offense, etc.) statute;

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Scope of the recommended punishment in accordance with the sentencing guidelines - Scope of the recommended punishment - the crimes [Scope of the recommended punishment] - the mitigated area (4 months to 10 months) of the mitigated area (special mitigation (special mitigation) / the punishment not to be mitigated) - the crimes of the same repeated crime of the same kind 2 [Scope of the recommended punishment] general property.

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