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(영문) 광주지방법원 해남지원 2018.07.19 2018고단198
특수절도
Text

The sentence of each sentence against the Defendants shall be suspended.

Reasons

Punishment of the crime

around 11:50 on March 18, 2018, Defendants: (a) moved to the victim G-owned dry field owned by the victim G, and (b) Defendant B, Defendant C, and Defendant D, at the entrance of the dry field for distribution, moved from the dry field for distribution to the bank and vinyl 60,000 won in total, the market value of the victim owned by the victim in knife from the above dry field for distribution.

As a result, the defendants stolen the victim's property together.

Summary of Evidence

1. The Defendants’ respective legal statements

1. A written statement of the G production;

1. Each report on investigation;

1. On-site photographs [the Defendants, while driving a motor vehicle by Defendant A and waiting together with the remaining Defendants at the scene, partially denying that the network is not considered. However, according to the evidence of the judgment below, such as a written statement of the victim who is reliable, an investigation report stating the victim’s statement, and a photograph taken by the victim, it can be sufficiently recognized that Defendant A committed a theft of the victim’s property in collaboration with the remaining Defendants in a manner that viewing the network as criminal facts, in view of the following facts:

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of a small amount (including the fact that the amount of damage is relatively small, and the fact that the defendants make a confession to replace and reflect it);

1. Six months of imprisonment for a suspended sentence;

1. The Defendants, on the grounds of sentencing under Article 59(1) of the Criminal Act of the suspended sentence, jointly stolen the victim’s property and the victim wanted to punish the Defendants.

However, on the other hand, the defendants recognize the mistake as a substitute and reflect it.

The value of stolen property by the defendants is relatively minor to the extent of 60,000 won, and the defendants' stolen property seems to have recovered to the extent of damage.

Defendant

D shall be fined for the crime of this kind.

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