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(영문) 광주지방법원 2018.11.09 2018고단3339
특수절도등
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

However, the two years each from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendants, as well as the co-crimes of the Defendants, were aware of the society, glocked with approximately 45 clocks worth KRW 1,800,000 as the market price owned by the victim, using the glocked glocks prepared in advance, went beyond the fences made of glock glocks, marked as “Prohibition of entry and exit, and mountain glock growth complex,” around 11:55 on May 6, 2018.

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

2. Defendant A

A. On May 18, 2018, at around 12:54, the Defendant: (a) entered the said dry field in the same way in the mountain field of the victim’s mountain field as indicated in paragraph (1); and (b) took advantage of the fluent fluoral fluor of rice prepared in advance, and stolen the said dry field with approximately 20 glusiums worth KRW 800,000 in the market value of the victim’s possession.

B. On May 30, 2018, around 11:49 around 11:49, the Defendant: (a) committed a theft with approximately 10 clocks equivalent to the market price of 400,000 won owned by the victim in the same manner; and (b) committed a theft of 10 clocks in the same manner.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on scene of crime;

1. Article 331(2) and (1) of the Criminal Act (the point of joint larceny) and Article 329 of the Criminal Act (the point of each larceny and the choice of each imprisonment): Article 331(2) and (1) of the Criminal Act;

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

1. Small amount mitigationO Defendants: Articles 53 and 55(1)3 of the Criminal Act

1. The Defendants of the suspended sentence: Article 62(1) of the Criminal Act (the fact that the victims agreed to pay damages, the fact that the victims agreed to commit the crime, the Defendant A did not have the same criminal record, and the Defendant B was the first offender, etc.)

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