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(영문) 대구지방법원 2013.06.04 2013고단1880
특수절도
Text

Defendants shall be punished by imprisonment for one year.

However, with respect to Defendant A, it shall be for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

B sentenced two years to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) in the branch court of the Daegu District Court on January 28, 2010. On December 12, 2011, the execution of the sentence was terminated by the Daegu Prison on December 12, 201. Defendant C was sentenced to imprisonment for one year and six months in the same court on the same day, and completed the execution of the sentence in the Daegu Prison on June 11, 2011.

The Defendants found the construction site, etc. using the vehicle, and stolen construction materials, etc. using the cres without people at night, and conspired to do so in the water surface.

Therefore, the Defendants, at around 02:37 on January 31, 2013, 202: (a) come from the H construction site located in Youngcheon-si G, Gyeongcheon-si; (b) and (c) Defendant B and the Defendant C, who got out of the said cargo vehicle at the H construction site located in Young-si, Gyeongcheon-si, Gyeongcheon-si, the victim I, approximately 200 iron plates, approximately 27 and approximately 300 meters of electric wires equivalent to 5 million won in the market value of the victim I, and the Defendant A received them and carried out the said cargo vehicle at around 03:40 on the same day, leaving the said cargo vehicle at the construction site.

Accordingly, the Defendants, together, stolen the iron plates equivalent to 6.3 million won in total at the market price owned by the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement to J;

1. Investigation report (Attachment, such as site photographs, and site photographs);

1. An investigation report;

1. Seizure record and list;

1. Previous convictions in judgment: Application of each criminal record and investigation report Acts and subordinate statutes;

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

1. Defendant B and C among repeated crimes: Article 35 of the Criminal Act;

1. Defendant A: Article 62 (1) of the Criminal Act;

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

1. Defendant A: The reason for sentencing under Article 48(1)1 of the Criminal Act is that Defendant A had a record of being sentenced to a fine for larceny, special larceny, or suspended execution; Defendant B and C have a record of being sentenced to a suspended execution; and Defendant B and C have a special larceny and a special aggravated punishment.

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