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(영문) 청주지방법원 영동지원 2018.11.15 2018고단131
특수절도
Text

Defendants shall be punished by imprisonment for six months.

However, as to the Defendants for one year from the date of the final judgment, the said judgment is against the Defendants.

Reasons

Punishment of the crime

On June 2, 2018, at around 14:09, the Defendants embarked on the “EFA” B, operated by the victim D, located in Chungcheongnam-dong, Chungcheongnam-dong, Chungcheongnam-dong, Chungcheongnam-dong, and the victim took 5 plastic powder powder and 2 powder flick powder in this depth and flick portion in the car. On June 23, 2018, the Defendants took another car at around 13:55 on the same day, and the victim took off the car and flick flick flick flick flick flick flick flick flick flick flick flick fl, which is located in the victim’s flick flick fl, and loaded 2 stones and flick flb flick fl fl fl.

As a result, the Defendants committed a theft of the total amount of 1.1 million won owned by the victim on two occasions together.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police against D;

1. A protocol of seizure and a list of seizure;

1. The investigation report (the sequence 5 in list of evidence);

1. Application of statutes to a full statement of damaged goods;

1. The phrase “Article 331(2) and Article 329 of the Criminal Act” as stated in the indictment under Articles 331(2) and 331(1) of the Criminal Act concerning criminal facts is obvious that it is a clerical error, and thus, it is corrected ex officio.

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

3. Reduction of a small amount of punishment: Articles 53 and 55 (1) 3 of the Criminal Act;

4. Grounds for sentencing under Article 62 (1) of the Criminal Act for suspended sentence.

1. Imprisonment with prison labor for not less than six months but not more than seven years and not more than six months, for each range of punishment by law;

2. Determination of sentence [Unfavorable Circumstances] Each of the instant crimes committed by the Defendants, jointly and severally, theft of another’s property on two occasions, and the nature of the crime is poor in light of the details and details of the crime.

Defendants have the record of being sentenced to the suspension of the execution of imprisonment with prison labor because they commit the crimes of different types.

[ favorable circumstances] The Defendants appear to be against each of the crimes in this case.

The scope of damage to each of the instant crimes is not very significant.

Defendants.

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