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(영문) 대구지방법원 포항지원 2017.06.14 2017고단502
특수절도
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment with prison labor for one year.

Reasons

Punishment of the crime

Defendant

B On August 12, 2015, the Busan District Court was sentenced to eight months of imprisonment for larceny, etc. and completed the execution of the sentence on January 26, 2016.

Defendants and D are those who came to know while living in the vicinity of the F department store located in Busan Jin-gu E.

Defendants and D found the victim H in front of the North-Gu G-gu, Mag on March 24, 2017, at the Mag-gu, Mag-si, Mag-si, Mag-si, Mag-si, Mag-si, and the Defendant A thought that the Defendant “Whn the victim’s body is one of the most difficult body.”

Defendant B saw the victim’s attention, leading the victim’s attention, and Defendant B saw approximately KRW 1,200,000 at the market price where the victim was on the part of his item, and D saw the booming away from the floor.

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

Summary of Evidence

1. Defendants’ legal statement

1. A protocol concerning the interrogation of the accused by the prosecution;

1. A protocol concerning the examination of suspects of D;

1. Each police statement made to H and I;

1. Investigation report (related to the movement routes of suspects and CCTV photographs on the moving routes), investigation report (related to the attachment of photographs by J CCTV video CDs and the gap), investigation report (related to the attachment of a pawn list and damaged photograph);

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (B), investigation report (related to the criminal suspect A and B) and Acts and subordinate statutes;

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

1. Aggravated repeated crime Defendant B: Article 35 of the Criminal Act;

1. Defendant A for the reason of sentencing in Articles 53 and 55(1)3 of the Criminal Act: Defendant A [the scope of recommending punishment] for the reasons of sentencing in Articles 53 and 55(1)3 of the Criminal Act; Defendant A [the scope of punishment] for the basic area (8 months to 2 years) (the scope of recommended punishment) for general property; Defendant B [the scope of recommended punishment] for the aggravated area (1 year to 3 years) for the weighting area (1 year to 3 years) for the larceny area for general property (the person subject to special aggravated] for the same type of repeated crime (the person subject to special aggravated punishment) which does not fall under the aggravated punishment for specific crimes (the decision of sentence] under the following circumstances and other defendants.

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