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(영문) 인천지방법원 2017.07.21 2017고단3359
특수절도
Text

Defendants shall be punished by imprisonment for ten months.

However, each of the above penalties shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendants were able to steal goods from vehicles parked at home at night in order to raise entertainment expenses, etc. between the NAN lines.

around 01:10 on March 27, 2017, the Defendants: (a) around 01:0, at around 01:0, 10 won in cash and KRW 30,000 in cash in the above E E-car and KRW 30,000 in cash in the above G rocketing car, each of which were parked in the E-car, 31-31-hiven underground parking lot, owned by the victim D; and (b) Defendant B reported the network around its surroundings; and (c) Defendant A stolen the strings in the shape of the enormous machine, which was in his possession, by inserting it into the string string of the above vehicle, respectively.

Accordingly, the Defendants jointly stolen the victims' property.

The Defendants, including that, together with the aforementioned methods, stolen total of KRW 483,000 from around the above day to April 21, 2017, as shown in the list of crimes in the attached Table, on a total of 13 occasions.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement of H, I, J, K, L, M, N, P, Q, R, S, D, D, and F;

1. Application of the Acts and subordinate statutes to each photograph (at least once 3,6,10,14,125, 131, 177, 184, 189);

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

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act;

1. Small-scale mitigated Defendants: Articles 53 and 55(1)3 of the Criminal Act;

1. Defendants on probation: Article 62(1) of the Criminal Act;

1. Protective observation and community service order Defendants: Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommendations] [the grounds for sentencing under Article 62-2 of each Criminal Act / [the scope of recommendations] the mitigation area (4 to 10 months) for the general property / [the person who has been specially mitigated] the non-prosecution of punishment [the decision of sentence] unfavorable circumstances (the second re-offending despite the fact that there are many records of punishment for the same type of crime, and the frequency of crimes or the method of committing crimes.

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