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(영문) 대구지방법원 서부지원 2017.12.13 2017고단256
특수절도
Text

Defendants shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2] Defendant A was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Jeonju District Court on November 7, 2014 and completed the execution of the sentence at the Jeonju prison on February 25, 2016. On September 2, 2016, Defendant A was sentenced to ten months of imprisonment with prison labor for larceny, etc. at the Daegu District Court’s Ansan-dong branch on September 2, 2016 and the said judgment became final and conclusive on December 26, 2016. Defendant B was sentenced to one year of imprisonment with prison labor for special larceny, etc. at the Daegu District Court racing support on February 20, 2013 and two years of suspended execution, and was sentenced to one year and three months of suspended execution at the Jeonju District Court on August 29, 2014, and the said judgment became final and conclusive on September 15, 2014, and the execution of the sentence was invalidated on July 16, 2016.

[Criminal facts] On June 14, 2016, the Defendants discovered one cut hole of news reporting block amounting to KRW 1.7 million at the victim E’s market price at 38-19,000, and carried the above news reporting block block device on Fone Star rolling stock.

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

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police for E;

1. Each investigation report (suspect identification), investigation report (refluence of the damage inflicted on the H counterpart of the G Company and verification of trade log), investigation report (verification of the characteristics of the damage and addition of comparative photographs), investigation report (verification of the characteristics of the damage), investigation report (refluence of the diagnosis report), investigation report (H telephone statement of the Daejeon G Company);

1. Before judgment: Application of Acts and subordinate statutes to inquire about criminal history, report on investigation (the fact that the period of repeated crime is in existence, confirmation of the fact that a trial becomes final and conclusive), and report on investigation (Confirmation of suspect B

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Defendant A who handles concurrent crimes: After Article 37 of the Criminal Act, Article 39 (1);

1. The defendants on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount are the same crimes.

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