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(영문) 대전지방법원 2016.07.13 2016고단1275
특수절도
Text

Defendants shall be punished by imprisonment for one year.

Defendant

A shall confiscate subparagraph 2 of the evidence seized by A.

Reasons

Punishment of the crime

1. On March 24, 2016, Defendant A and the Defendants planned to steal the property from the room, and discovered the victim G in front of the road located in Daejeon Seo-gu, Daejeon on March 24, 2016, at around 02:30, 125cc, the market price of the victim G, which is 3 million won. Defendant A reported the network, and Defendant B stolen the victim’s property through a joint operation, using the flick keys installed.

2. On April 18, 2016, the Defendants committed the joint crime committed by the Defendants at the “J” bank operated by the victim I located in Daejeon Pungdong-gu Daejeon, Daejeon, on April 18, 2016, the Defendant C reported the network, and the Defendant A issued a brupt glass with the hand hump prepared in advance (around 80cm in length). The Defendant B, along with the Defendant B, stolen the victim’s property by combining it with three-five gold 19,270,000 won, the market price of the victim, who was located in the inside of the bank, was located in the bank, with four precious metals.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made to I by the police;

1. G statements;

1. Each protocol of seizure and the list of seizure;

1. Application of the relevant Acts and subordinate statutes to each relevant photograph and investigation report (the details of damaged articles);

1. Relevant legal provisions concerning criminal facts;

(a) Defendant A and B: Article 331(2) and (1) of the Criminal Act

B. Defendant C: Article 331(2) and (1) of the Criminal Act

1. A and B of the 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. Defendant A: Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Scope of the recommended sentences according to the sentencing criteria;

A. Defendants A and B 1 - Special larceny against I [the scope of recommendations] - Special Theft against General Property - (the scope of punishment) in the basic area (one to two years) (one to half years)) (in the event that a person has intruded into a place other than an indoor residential space (special mitigation (a person) / Night damage structures, etc. 2) - Special Theft against G (the scope of punishment recommendations).

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