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(영문) 대전지방법원 논산지원 2013.07.09 2012고단525 (1)
특수절도
Text

1. Defendant A and C shall be punished by imprisonment with prison labor for eight months and by imprisonment with prison labor for six months.

2.Provided, That this judgment has become final and conclusive.

Reasons

Punishment of the crime

1. The Defendants’ special larceny (2012 highest 525) and D were in mind to steal the leaves of the bank trees owned by the victim G, which are the victim G, which were planted in the F elementary school playgrounds located in Seosan-si, and around 16:34 on July 21, 2012, the Defendants got on and off a poter vehicle owned by the Defendant C, along with the pool vehicle owned by the Defendant C, and were in the said playground, using the saw and stoves prepared in advance, and then put the leaves of the bank trees in four spores by exposing the market price.

Accordingly, the defendants stolen the victim's property together with D.

2. On July 21, 2012, Defendant C’s without a license (2012 highest 525) driven an Ip vehicle without a driver’s license from a section of about 7 km from the front of his residence in H at the time of Cheongsan to the front road of the F elementary school in E at the time of debate.

3. On May 6, 2013, Defendant A’s theft (2013Kadan195) cited and stolen Defendant A’s thief at the victim K’s ship engine room located in the J river of Chungcheongnam-gun, Chungcheongnam-gun, the market price equivalent to KRW 35,00,00, which is the victim’s possession inside the ship engine room located in the Jannam-gun, and 20,000, the market price of which is equivalent to KRW 20,000, and the decline amounting to KRW 2,000.

Summary of Evidence

1. Defendants and D’ respective legal statements

1. Entry of each police statement in G and K in the police statement;

1. Entry in an investigation report (Attachment to the register of driver's licenses) and an investigation report (documents submitted by a victim);

1. Application of each video statute to photographs of field conditions (No. 51 of the investigation records, No. 4611, 2012), photographs (No. 2572 of the investigation records, No. 24, 2013);

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 331(2) and (1) of the Criminal Act (the point of special larceny) and Article 329 of the Criminal Act (the point of larceny and the choice of imprisonment)

B. Defendant B: Article 331(2) and (1) of the Criminal Act

(c) Defendant C: Article 331(2) and (1) of the Criminal Act (the point of special larceny), Article 152 Subparag. 1 and Article 43 of the Road Traffic Act (the point of driving without a license and the choice of imprisonment)

1. The defendant among concurrent crimes.

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