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(영문) 대전지방법원 천안지원 2014.12.18 2014고단1415
특수절도
Text

Defendants shall be punished by imprisonment for six months.

However, as to the Defendants, it is for two years from the date of the final judgment.

Reasons

Punishment of the crime

On September 26, 2014, at around 00:10 on September 26, 2014, the Defendants jointly cut off a locked machine installed in the between the ridges of their own vehicles, and Defendant A cut off the locks equivalent to KRW 2,00,000 in the market price of the bicycle owned by the victim E, which was installed at the above gates, and cut off the above bicycles on the Defendant’s vehicles.

Summary of Evidence

1. Defendants’ legal statement

1. E statements;

1. Police seizure records and seizure lists, damaged bicycles and photographs;

1. Application of Acts and subordinate statutes to a public prosecutor's investigation report (victim E's telephone statement hearing report);

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 on probation: Article 62(1) of the Criminal Act;

1. Defendants of probation and community service order: Article 62-2 of the Criminal Act;

1. Confiscation Defendant B: In light of the fact that the Defendants, on the grounds of sentencing under Article 48(1)1 of the Criminal Act, received juvenile protective disposition for the same kind of crime, but did not reach an adult age, and again committed the instant crime, the nature of the crime is not weak.

However, there is a depth of the defendants' mistake, and it results in the crime of this case due to an accident that has yet to be familiar with the young age, Defendant A does not have any criminal power, and Defendant B does not have any specific criminal power except once a fine is imposed, and all of the sentencing factors in records and arguments are considered, and the punishment shall be determined as ordered.

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