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(영문) 춘천지방법원 영월지원 2016.07.19 2016고단8
특수절도
Text

Defendant

A Imprisonment with prison labor of one year and six months, Defendant B's imprisonment with prison labor of six months, Defendant C's imprisonment with prison labor of ten months and Defendant D.

Reasons

Punishment of the crime

On April 21, 2015, Defendant B was sentenced to 8 months of imprisonment with prison labor and 2 years of suspended execution due to the violation of road traffic law in the Youngcheon District Court's Young-gu branch support on April 21, 2015, and the judgment became final and conclusive on April 29, 2015.

Criminal facts

1. The Defendants jointly committed the crime at the beginning of October 2014, 2014, using approximately KRW 25 kmg in the city’s aesthetic field, etc., which was held in advance in the dry field of the victim G, G, which was located in the area of Dogna, Gangwon-gun F, Gangwon-gun, and four parcels of land.

They have come to her.

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

2. Defendants A, B, and C committed joint crimes by using H, I, and those without names, and 11:00, on October 201, 2014, at the victim G dry field located in the Gangwon-gun, Gangwon-do, G, the victim-owned market price of 15 km away.

Accordingly, the Defendants stolen the victim's property together with H, etc.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of the Defendants to the prosecution

1. Statement made by the police in relation to G;

1. Copy of a protocol concerning interrogation of suspect of the military judicial police officer of H;

1. Copy of the statement made to I by the military judicial police officer;

1. Recording notes;

1. Photographs, etc. of crime scene;

1. Previous convictions: The application of Acts and subordinate statutes to inquire of criminal history and report (report attached to the judgment of the suspect B) against the defendant B;

1. Relevant legal provisions concerning criminal facts;

A. Defendant A, B, and C: Article 331(2) and (1) of the Criminal Act

B. Defendant D: Article 331(2) and (1) of the Criminal Act

1. Defendant B who handles concurrent crimes: After Article 37 of the Criminal Act, Article 39 (1);

1. Defendants A, B, and C whose concurrent crimes are aggravated: the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act;

1. Defendants B, C, and D whose volume is mitigated: Articles 53 and 55 (1) 3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing);

1. Defendants on probation: Article 62(1) of the Criminal Act (The conditions favorable to the reasons for sentencing as set forth below);

1. Defendant A: Article 62-2 of the Criminal Act; the observation of protection and community service order;

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