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(영문) 전주지방법원군산지원 2020.08.25 2020고단565
특수절도
Text

[Defendant A] The defendant A shall be punished by imprisonment for six months.

However, the above sentence shall be executed for a period of one year from the date this judgment became final.

Reasons

Punishment of the crime

The Defendants, while carrying out a balbbbbling funeral along with a de facto marital relationship, were able to lose the balbbbbling machine used by them, were able to steal another person’s machinery, and was balbing the subject, the Defendants, with the knowledge that the victim C was selling balbbing balbbing at the place where balbbing was done.

On November 2, 2019, at around 04:09, the Defendants came to be Babbbbbbak, which is operated by the victim in front of the Gunsan apartment, and Defendant A cut off to the upper part of the Babbbbbak machine, which is connected to the Mabbak machine, and Defendant B separated the Mabbbbbbbbak machine, and then carried the Mabbbak machine into the Mabbbb, where the victim owns the 400,000 won.

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

Summary of Evidence

1. Each statement written by the police interrogation protocol against the Defendants on each of the legal statements of the Defendants in each police interrogation protocol, report on internal investigation (related to the confirmation of CCTV, etc. for method), internal investigation report (related to the identification of the suspect), internal investigation report (related to the identity of one suspect), investigation report (related to the investigation of the suspect B's location and the confirmation of accomplice), investigation report (related to the identity of the suspect), investigation report (related to the identity of the suspect B), investigation report (related to the attachment of CCTV records on the spot), investigation report (related to the attachment of CCTV records), investigation report ( listening to the suspect's phone statement), on-site photo, and the application of statutes by cutting down CCTV photographs

1. Defendants of relevant legal provisions concerning criminal facts: Article 331(2) and (1) 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: Reasons for sentencing under Article 62(1) of the Criminal Act (the Defendants)

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing criteria (the determination of types). The theft of general property (the type 2).

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