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(영문) 대전지방법원 2019.10.25 2019고단3345
특수절도
Text

Defendant

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

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 25, 2019, around 19:28, the Defendants: (a) moved 4.5 million won of the market value of the victim E at the bicycle storage facility in front of the D School D's Class C, the victim E, (b) 1, 1, 1, 1, 1, 1,500,000 won of the market value of the victim F, and 1,500,000 won of the victim's name and non-owned market value to Defendant B, to Defendant B's G Poter II, and stolen 1, 1,000,000,000 from around December 2, 2018 to the above temporary date.

As a result, the defendants stolen the victims' property together.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the suspect interrogation of each of the Defendants

1. Each written statement of E, H, I, and F;

1. Each report on occurrence (thief), internal investigation report (field status, etc.), field photo, list of 112 reported cases handled, report on internal investigation (in cases of crimes committed by suspects), photographs, damaged places and photographs, damaged objects, photographs of damaged places and photographs, report on internal investigation of victims, investigation report (in cases of keeping them in custody);

1. Application of the provisions of seizure records and seizure list statutes;

1. Article 331(2) and (1) of the Criminal Act applicable to the facts constituting a crime (the defendants)

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Discretionary mitigation (of the defendants) Articles 53 and 55 (1) 3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act, each of the suspended execution (the defendants);

1. The reasons for sentencing under Article 333(2) and Article 333(1) of the Criminal Procedure Act (the Defendants) include no particular power, and the Defendants recognized the error thereof, and the Defendants do not seem to have stolen the damaged goods for the purpose of gaining profits from selling them; the damaged goods were temporarily returned or delivered to the victims; the victim I did not want punishment against the Defendants; the victim I agreed with the victim H; and the age of the Defendants is the age of the Defendants.

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