Text
Defendant
A Imprisonment for 10 months, he/she shall be punished by imprisonment for 6 months.
provided that this ruling has become final and conclusive.
Reasons
Punishment of the crime
[2013 Height77] Defendant A is an employee of the victim F management G (ju) in the Chungcheongbuk-gun E, and Defendant B is a person operating H.
On December 3, 2012, around 17:50 on December 3, 2012, the Defendants jointly carried out the freight of Defendant B using a vehicle in which the market value of one of the private individuals owned by the victim was equivalent to 1.2 million won, and Defendant B carried two of the above private persons.
As a result, the defendants stolen the victim's property together.
[2013 Highest 399] Defendant A, C, and D conspiredd with theft of rice in a rice storage room owned by the victim J in Chungcheongbuk-gun on January 14, 2013, around 18:00.
On January 14, 2013, at around 18:50, the Defendants: (a) entered the above warehouse with the K Cargo Track operated by Defendant C, and (b) entered the storage, using the watched flaps prepared in advance by Defendant A, carried the locks of the above warehouse into the warehouse with the heatr, and (c) carried 70 fes of rice, the victim’s possession, into the warehouse, and carried 70 fess of rice in the warehouse.
Accordingly, the Defendants, together, stolen property worth approximately KRW 3.7 million at the market price owned by the victim.
Summary of Evidence
1. Defendants’ legal statement
1. Each police statement made to the F and J;
1. CCTV photographs and CCTV CDs;
1. Photographs and on-site photographs of the crime scene;
1. Application of the records of seizure, list of seized articles, and Acts and subordinate statutes;
1. Article applicable to criminal facts;
(a) Defendant A: Article 331(2) and (1) of the Criminal Act
B. Defendant B, C, and D: Article 331(2) and (1) of the Criminal Act
1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Defendants on probation: Article 62(1) of the Criminal Act
1. Defendants of the community service order: Article 62-2 of the Criminal Act
1. Defendant C: The reason for sentencing under Article 48(1)1 of the Criminal Act, Defendant A, who was his employee, designated a place where he was well aware of the situation, and prepared for the commission of the crime in advance, and collected persons who attempted to commit the crime.