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(영문) 대구지방법원 의성지원 2015.01.15 2014고단286
특수절도
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for ten months.

Reasons

Punishment of the crime

Defendant

A, on January 25, 2008, was sentenced to imprisonment of one year and six months for the crime of forging official documents at the Daegu District Court. On March 31, 2009, the execution of the sentence was terminated. On May 4, 2011, Defendant B was sentenced to one year for the crime of attempted robbery at the Busan District Court, and the execution of the sentence was terminated on November 16, 201.

On February 7, 2012, at around 09:18, the Defendants: (a) purchased goods, such as the victim D in the Gyeong-gun, Gyeong-gun, Gyeong-gun; (b) Defendant A purchased goods to get off a stop on the upper half of the front line inside the victim; and (c) Defendant B used 1,50,000 won in cash, 10,000 won in yellow sand Handbags, 10,000 won in cash, 10,000 gold bags, 10,000 won in gold bags, 5,000, 2.5, 18K 2,500,2.5 2,18 K Haggs, 10,000 won in agricultural head of Tong, 4, 7, 7, 3, 3, 3, 3, and 2.

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

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made to D by the police;

1. Records before and after judgment: Application of Acts and subordinate statutes on criminal records, inquiry reports, investigation reports (Attachment of related judgments), and personal identification and confinement status;

1. Article 331 (2) and (1) of the Criminal Act concerning the relevant criminal facts and the choice of punishment. Article 331 (2) and (1) of the Criminal Act;

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

1. The Defendants, on the grounds of sentencing under Articles 53 and 55(1)3 (C) of the Criminal Act for discretionary mitigation, committed the instant crime during the period of repeated crime, and the statutory penalty for special larceny is limited to imprisonment. Thus, the Defendants’ sentence against the Defendants is inevitable.

In addition, Defendant B not only committed the instant crime but also was punished several times due to the same veterinary act since three months have not passed since the release of Defendant B.

However, the defendants recognized their mistakes and reflects them.

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