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(영문) 청주지방법원 충주지원 2012.11.23 2012고단625
특수절도
Text

Defendant

A Imprisonment for eight months, defendant I and J shall be punished by imprisonment for six months, respectively.

However, this decision is delivered to the defendant J.

Reasons

Punishment of the crime

[2012 Highest 625] Defendant A was sentenced to two months of imprisonment with prison labor in the Cheongju District Court for larceny, etc. on September 9, 2009 and completed the execution of the sentence on November 6, 2009.

On March 5, 2012, from around 09:0 to 12:00, Defendants entered the victim’s home located Lanju-si, and stolen them, with one smoke boiler owned by the victim, one Dog himself, one Dog himself, one format, one copy, and one travel room.

[2012 Godan978] The Defendants integrated with N, and came into the house of the victim A located in the Cheongju City between June 16, 2012 and 19:00 on the same day, from June 16, 2012, and between 18:00 to 19:00, and the victim reported N to the network in order to bring the gap in which the victim is able to hold the other victim's possession due to the failure to pay a fine, and Defendant I was incidental when the victim's house and warehouse door of the victim's house were lost. Defendant J entered into the above warehouse, she used the old electric wire in the item of one math of the market price in the market price owned by the victim and stolen it.

Summary of Evidence

[Attachment 2012 Highest 625]

1. Each legal statement of the defendant A and I;

1. Examination protocol of Defendant A by the prosecution;

1. Each police interrogation protocol against the Defendants

1. Written statements;

1. Seizure record and list;

1. Photographs of damaged articles;

1. Previous convictions in judgment: Criminal records and investigation reports (report on whether a repeated crime is reported);

1. Defendant I and J’s respective legal statements

1. Each protocol of suspect examination of Defendant I and J against each prosecutor;

1. Police suspect interrogation protocol of P;

1. A written petition;

1. Application of statutes on field photographs;

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

1. Defendant A among repeated crimes: Article 35 of the Criminal Act;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Defendant J of suspended execution: Defendant A of the reason for sentencing under Article 62(1) of the Criminal Act: The defendant has been punished several times for the same kind of crime.

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