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(영문) 전주지방법원 군산지원 2016.11.30 2016고단741
특수절도
Text

Defendants shall be punished by imprisonment for eight months.

However, each of the above defendants is against the defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On June 10, 2016, around 04:15, the Defendants colored a vehicle that was parked in the modern apartment parking lot located in 34-1, Masan-ro, Masan-ro, 34-1, with the intent to steals the goods, the Defendants discovered the Kaxf vehicle owned by the victim D, parked in 106 east the above apartment house. Defendant A, with the network from the side, Defendant B opened a vehicle door and intrudes into the damaged vehicle by inserting the door door into the key hole of the driver’s seat of the damaged vehicle, and 20,000 won, cash 20,000 won, resident registration certificate, and driver’s license are attached to the wall owned by the victim of the damaged vehicle.

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

Summary of Evidence

1. Defendants’ respective legal statements

1. Written statements prepared in D;

1. On-site photographs, CCTV images of modern apartments, and photographs to capture them;

1. Application of Acts and subordinate statutes to the records of seizure, list of seizure and photographs of damaged articles;

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

1. Prisoners A: Articles 2 and 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act;

1. Defendant B’s discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act;

1. Defendant A who suspended execution: Article 62(1) of the Criminal Act, Article 60(3) (C) of the Juvenile Act, Defendant B: The reason for sentencing under Article 62(1) (C) of the Criminal Act

1. Sentencing criteria;

(a) Defendant A: Not applying the sentencing criteria as he is a juvenile

(b) Where he intrudes on places other than indoor residential space in the mitigated area ( August to one year) (special mitigation) (special mitigation) of Type IV (Crime of Larceny) for general property;

2. Determination of sentence: In light of the Defendants’ respective methods and methods of committing the instant crime for eight months of imprisonment and two years of suspended execution, the crime is not less complicated, the Defendants did not reach an agreement with the victim, and the Defendants had the record of receiving juvenile protective disposition for the same crime.

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