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(영문) 광주지방법원 2013.06.21 2013고단1014
특수절도등
Text

1. Defendant A shall be punished by imprisonment with prison labor for one year;

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Special larceny by Defendant A and Defendant B

A. On January 22, 2013, at around 01:00, the Defendants stolen the victim’s property by carrying 15,000 won or more in ria, the sum of the market value of the H beamline (1.5m in length) 2-3, and the pipe of each yarn (1.5m in length) owned by the victim E at the front of the E shop operated by the victim D in the Dong-gu Seoul-gu Dong-gu, Gwangju-gu.

B. The Defendants: (a) around 01:30 on January 23, 2013, around 1-A.

In the same manner, the sn beamline (1.5m in length) owned by the above victim was loaded in Lik and combined with 60,000 won in total at the snick beamline (1.5m in length) and stolen the victim’s property.

2. Defendant A’s thief Defendant A’s thief on October 24, 2013, around 01:00

In the same manner, at the hn beamline (1m in length), the hn beamline (1m in length) owned by the above victim, reported to hyna on an article equivalent to 5,000 won in the market value, stolen the victim's property.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made to D by the police;

1. Written statements of D;

1. Certificates of custody of goods, account books for purchase, and photographs related to theft;

1. Application of Acts and subordinate statutes to investigation reports (related to the calculation of prices of damaged goods);

1. Relevant provisions of the Criminal Act and the Defendants’ choice of punishment for the crime: The Defendants under Article 331(2) and (1) of the Criminal Act (the point of special larceny) Defendant A: Article 329 of the Criminal Act and the choice of imprisonment

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

1. Reduction and mitigation (Defendant B) Articles 53 and 55 (1) 3 (Consideration favorable circumstances below) of the Criminal Act;

1. Article 62 (1) of the Criminal Act (Chresponding in favor of the defendants) of each of the suspended execution;

1. The need to strictly punish the defendant in light of the fact that the defendant committed each of the crimes of this case again even though there are many criminal records of the same kind of defendant A with the reason of sentencing under Article 62-2 of the Criminal Code of Probation and Social Service Order (Defendant A). However, the damage was somewhat minor and the damaged goods were returned to the victim.

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