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(영문) 대전지방법원 홍성지원 2013.10.29 2013고단695
특수절도
Text

Defendants shall be punished by imprisonment for six months.

However, for one year from the date this judgment became final and conclusive against the Defendants.

Reasons

Punishment of the crime

The Defendants and C moved to the D market to rescue the baits while they were engaged in fishing, and conspired to steal fishery products according to the Defendant A’s proposal.

1. At around 02:16 on July 15, 2013, the Defendants and C put in G operated by the victim F in the D market located in Boan-si, Boan-si, Ma, according to Defendant B, and looked around the surrounding areas. Defendant A opened a cover and puts losses in the sprink, and 2 ma of the fallen area equivalent to KRW 12,000, the market price of the victim’s possession in the sponsor, and Defendant B entered 1 ma in the sponsor and 13,500,000, the market price of the victim’s ownership in the above method.

2. The Defendants and C came to run by the victim H in the D market at the same time as the above time and time as above, and C followed Defendant B, and the surrounding areas, and Defendant A took the victim’s possession, which was in his custody in his country, and Defendant B took one math from the victim’s 15,000 won at the market price, which is the victim’s possession, and put the victim’s possession into the fishing channel cited by Defendant B.

Accordingly, the Defendants stolen the victim F and H’s property in collaboration with C.

Summary of Evidence

1. Defendants’ respective legal statements

1. Examination protocol of suspect C by the prosecution;

1. Each statement;

1. Application of Acts and subordinate statutes of a criminal investigation report (investigative records No. 95 pages);

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

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

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Defendants who hold a suspended sentence: Article 62(1) of the Criminal Act (hereinafter referred to as the following factors, repeated consideration of the favorable reasons for sentencing);

1. Defendants of a community service order: Larcenying acts despite the fact that Defendants, on the grounds of sentencing under Article 62-2 of the Criminal Act, received multiple juvenile protective orders due to larcenys, etc.

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