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(영문) 부산지방법원 서부지원 2018.08.14 2018고단1031
특수절도
Text

Defendants shall be punished by imprisonment for six months.

However, with respect to Defendant D, the same shall apply for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal record] Defendant B was sentenced to five years of imprisonment for a crime of violation of the Act on the Protection of Juveniles against Sexual Abuse (Rape, etc.) at the Daegu District Court on July 8, 2011, and the execution of the sentence was terminated on February 24, 2016. Defendant D was sentenced to one year of suspension of execution for a special larceny in the Busan District Court’s Western Branch Branch Branch on February 21, 2018, and the said judgment became final and conclusive on March 1, 2018.

[2] The Defendants are charged with the crime that they are moving from the FJ Cost Sheet vehicles and deducted oil from the fuel pumps, etc. prepared in advance at the parked cargo vehicles

In other words, the price was offered to be used in installments after selling it.

1. The Defendants jointly commit the crime against the victim FK using the gap in front of the “FM” located in Youngcheon-si FL from around 00:10 to around 00:40 on August 25, 2017, in which the surrounding surveillance was neglected, Defendant D’s net is reported, and Defendant B used the manual pump (one-person), and Defendant B used the manual pump (one-person), with approximately KRW 200,000,000,000 at the market price of the victim FK owned by the victim FK, in total, and KRW 20,000,000,000,000 won.

L. A. L. theft was committed.

2. On August 25, 2017, the Defendants jointly committed the crime against the victim FO, using the gapss in which the surrounding surveillance was neglected on the top of a company side of the 1st century, Dong-dong, Young-dong National Police Agency, Young-dong, Young-do, Young-si, Young-si, Gyeongcheon-do, and around 160 liters via the victim’s cargo at the truck of the victim FO using the manual (one-person), and the Defendant B used the manual (one-person), with approximately KRW 20,000,000 via the market price of the victim’s cargo at approximately KRW 20,000.

L. A. L. theft was committed.

Accordingly, the Defendants committed a theft of the victims' property two times together.

Summary of Evidence

1. Defendants’ respective legal statements

1. A statement of FO and FK;

1. Each investigation report and each internal investigation report;

1. Previous convictions in judgment: Each crime and investigation experience data, reporting on the results of confirmation of the previous convictions of disposition, personal confinement status, and application of Acts and subordinate statutes (final judgment of stay of execution of D).

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

1. Defendant B who aggravated repeated crimes: Article 35 of the Criminal Act.

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