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(영문) 의정부지방법원 2012.11.30 2012고단2876
특수절도
Text

Defendants shall be punished by imprisonment for a maximum of four months and by a short of three months.

Reasons

Punishment of the crime

In order to raise R and S and travel expenses, the Defendants resolved to steal the property of others by taking away stolen cars while driving them.

Defendants around 03:30 on July 26, 2012, at the third underground parking lot of the Seongbuk-gu Seoul Metropolitan Government T Apartment 102, Defendant A prepared to flee with the network inside the above car by discovering the victim U-owned cab and taking advantage of the crepan in the vicinity of the surrounding area. Defendant B and R used the string strings prepared in advance by R, and Defendant A, R, and S used four fixed hardware of the gas pipe installed in the string truck softened in S and divided the gas pipe into four parts of the above strings of the truck pipe, and Defendant A was removed the locker of the above string, and Defendant A and S got off the locker of the above strings by inserting hand, and Defendant A and R entered the victim 1 and the victim 1.

Accordingly, the defendants stolen the victim's property together with R and S.

Summary of Evidence

1. Defendants’ respective legal statements

1. U statements;

1. Application of Acts and subordinate statutes on report of occurrence;

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

1. Defendants subject to mitigation of juvenile offenses: Articles 2 and 60(2) of the Juvenile Act, and Article 55(1)3 of the Criminal Act

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act

1. Unscheduled Defendants: Consideration of the criminal records of the Defendants with reasons for sentencing under Articles 2 and 60(1) of the Juvenile Act, the form of crime, and the amount of damage.

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