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(영문) 인천지방법원 2017.11.30 2017고단7577
특수절도
Text

Defendants shall be punished by imprisonment for six months.

However, from the day this judgment became final and conclusive, the Defendants are above one year each.

Reasons

Punishment of the crime

On July 26, 2017, at around 23:15, the Defendants: (a) loaded a ecke truck in front of the entrance of the mother vehicle base office, and (b) discovered that there is one “1 ton of the market value of the victim F,” which is equivalent to KRW 13,000,000, and had the intent to steal it; (c) Defendant B connects the ecke with 1 ton of the ship with a kick in order to load the ship with one ton of the ship; and (d) Defendant A operated the kcke to load the ship with one ton of the ship; and (e) Defendant A driven the said truck again after loading it with one ton of the ship.

As such, the Defendants jointly stolen the victim's property.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written statement;

1. Investigation report (investigation of damaged articles);

1. Application of the Acts and subordinate statutes on each CCTV photograph and photograph site;

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

1. Small amount mitigated Defendants: Articles 53 and 55(1)3 of the Criminal Act (the following sentencing factors are taken into account)

1. Defendants on probation: The reasons for sentencing under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 62(1) (see, e.g., Supreme Court Decision 2009Da14488, Apr. 1, 200) (see, 2000) (see, e.g., Supreme Court Decision 200Da15483, Apr. 2, 200) (see, 2009)) (see, e.g., Supreme Court Decision 200Da12484, Apr. 2, 200)) (see, 200; 200Da3134, Apr

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