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(영문) 수원지방법원 2021.03.23 2020고단8206
특수절도
Text

Defendants shall be punished by imprisonment for six months.

However, it is against the Defendants for a period of one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On April 26, 2020, the Defendants of the crime committed around April 26, 2020: (a) through around 180,00, the Defendant conspired to discover dry field where the victim D had cultivated a mountain field in a state where pent was installed with a pentle with a mix of the mix; (b) by cutting the said mar in the above mar, and then, enter the said mar and enter the said mar in order to cut down a mountain field, the total of 12,00,000,000 won at the market price of the mar as prepared in advance.

The defendant B delivered it to the defendant B, and the defendant B stored it in the enclosed which was prepared in advance.

2. The Defendants committing the crime around May 10, 2020 shall do so in the place described in paragraph (1) at around May 10, 2020, in the same manner as paragraph (1) at around May 10, 202, in an aggregate of 750,00 won in the market price owned by the victim, in a manner as described in paragraph (1).

They have been in possession.

3. The Defendants of the crime committed around June 29, 2020 shall do so in the place described in paragraph (1) around June 29, 2020 in the same manner as that of paragraph (1) in a manner as in paragraph (1) at around June 29, 2020, in an aggregate of 750,000 won in the market price owned by the victims.

They have been in possession.

Accordingly, the Defendants, together, stolen the 22 ppuri of the total amount of KRW 3.3 million in the market value owned by the victims over three times.

Summary of Evidence

1. Defendants’ legal statement

1. Statement made by the police for E;

1. Notification of the results of analysis of photographs and CD images at a crime scene with each visual closure and the application of Acts and subordinate statutes on investigation reports (the root year and price comparison of damaged goods 30 years and prices of damaged goods);

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

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason for sentencing under Article 62(1) of the Criminal Act appears to be seriously against the Defendants for the reason of sentencing under Article 62(1) of the suspended sentence, taking into account the following factors: (a) Defendant A did not have a criminal record exceeding the fine, except for the first offender, Defendant B, and Defendant B’s 40 years prior to the suspended sentence; and (b) the Defendants agreed with the victim solely by agreement with the victim that the victim did not want the punishment

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