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(영문) 서울동부지방법원 2012.12.21 2012고단2609
특수절도
Text

Defendants shall be punished by imprisonment for not less than five months.

Reasons

Criminal facts

On November 19, 2010, Defendant A was sentenced to two years of imprisonment for a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc.) at the Seoul Eastern District Court on November 19, 201, and completed the execution of the sentence in the medical prison on July 17, 2012.

Criminal facts

At around 23:40 on October 10, 2012, the Defendants and the separated co-defendant D entered the victim F’s parking lot located in Gwangjin-gu Seoul Special Metropolitan City with the parking lot. At around 500,000, the market price of the victim’s possession, which was stored in the marina, was approximately 10,000 g, about 20,000,000 won in the market price, and about 20,000,000,000,000,000,000 won in the market price, and was discovered during the loading of steel materials in the aggregate of the market price of approximately 20,000,000,000,000 won in the market price of 30,000,000,000,000 won in the market price of the Victim F.

As a result, Defendants and D did not commit a theft of the victim's property, and did not commit an attempted crime.

Summary of Evidence

1. Defendants’ legal statement

1. The protocol concerning the interrogation of the Defendants and D by the prosecution;

1. Statement of the police statement concerning F;

1. A written statement;

1. Police seizure records;

1. On-site photographs;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Defendants of relevant legal provisions concerning criminal facts: Articles 342 and 331(2) and (1) of the Criminal Act

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

1. Defendants who attempted to reduce: Articles 25(2) and 55(1)3 of the Criminal Act

1. Discretionary mitigation Defendants: (a) the crime of this case in the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act was committed and there is no actual damage; (b) the Defendants are against the attempted crime; (c) Defendant A committed the instant crime in accordance with the proposal of Defendant B and D; and (d) Defendant B did not have any criminal power beyond the suspended sentence.

On the other hand, the Defendants are identical.

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