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(영문) 청주지방법원 2016.09.28 2016고단1594
특수절도
Text

Defendants shall be punished by imprisonment for eight months.

However, from the date of the final judgment of this case, each of the above two years against the Defendants.

Reasons

Punishment of the crime

1. On July 23, 2016, the Defendants entered the “F bathe” operated by the victim E in Heung-gu, Chungcheongnam-gu, Chungcheongnam-si, Cheongju-si, and containing approximately KRW 1,112,00,000 in total of the total market prices of the Pipe pipes, and the heat heat heat (sporo sporessponding sporessponding sporesspondings) owned by the victim on the first underground floor of the location. Defendant A transported the said pospospos to the mospos that were in the aftermathing of the F bath, and Defendant B dried the said pospospospospondings from Defendant A and loaded them into the mos.

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

2. On July 30, 2016, the Defendants entered the F bath bath as indicated in paragraph (1) around 23:17, and loaded approximately KRW 8,200,000 in the sum of the two market prices of the victim E in the first underground floor of the location of the spacker (Lari or spacker). Defendant A transported the said spacker to the spacker who was in the aftermath of the above F bath, and Defendant B dried the said spacker with the Defendant loaded the said spacker on the spacker.

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

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police for E;

1. E statements;

1. A report on the results of field identification;

1. Written estimate of damage;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to photographs of crime scene, on-site CCTV photographs, and damaged objects photographs;

1. Defendants of the relevant legal provisions concerning criminal facts: Article 331(2)1 of the Criminal Act

1. Defendants who aggravated concurrent crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

1. Defendants to be mitigated of small amount: Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing);

1. Defendants in a suspended sentence: (a) the Defendants’ act of theft of property by entering another person’s bath jointly with the reason for sentencing under Article 62(1) of the Criminal Act (recognating the favorable circumstances among the reasons for sentencing) is disadvantageous to the Defendants.

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