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(영문) 대구지방법원 김천지원 2013.04.18 2013고단193
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

The Defendants offered to steal money and valuables by opening a door of a vehicle parked in a house by using the rare new wall time in which persons who did not pay monthly pay and who did not fall into the cost of living in the company, as they came to know while working in the company located in the Gu and the Gu.

At around 02:00 on February 11, 2013, the Defendants: (a) opened a door of the Plaintiff F-owned G Lart car owned by the victim F-owned G Lart car that was parked therein; (b) Defendant A followed the inside of the driver’s seat; and (c) Defendant B removed the one of the instant vehicle’s market price of KRW 300,000,000, in the same way from around 02:0,000 to around 04:0 of the following day, as indicated in the list of crimes in the attached Table, the Defendants stolen the total amount of KRW 4,497,00,000 and cash.

Accordingly, the defendants stolen the victims' property jointly.

Summary of Evidence

1. Defendants’ respective legal statements

1. A statement of F, H, I, J, K, L, or M;

1. Records of seizure and the list of seizure;

1. Application of investigation reports (related to attachment of photographs of seized articles at a suspect's residence) and photographs attached thereto, investigation reports (N counterpart investigation purchased from B) Acts and subordinate statutes;

1. Relevant Article 331 (2) and (1) of the Criminal Act: Defendants who choose to commit the crime;

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

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Defendants who hold a suspended sentence: Article 62(1) of the Criminal Act (hereinafter referred to as the following factors, repeated consideration of the favorable reasons for sentencing);

1. Probation and community service order Defendants: Each criminal law.

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