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(영문) 광주지방법원 목포지원 2016.05.12 2015고단1254
특수절도
Text

1. Defendant A’s imprisonment for six months, Defendant B’s imprisonment for six months, and fine for three hundred thousand won, and Defendant C’s imprisonment for eight months and fine.

Reasons

Punishment of the crime

1. The Defendants jointly committed the crime committed with E, F, and G at around 03:00 on June 28, 2015, at the entrance of the library at the center of the interlive resident center located at around 11, 2015, the victim DNA owned by the victim discovered a single unit of over KRW 500,00,00 in the victim DNA, which was set up at the entrance of the small library at around 11, and had the victim stolen it, and then Defendant B, C, E, and F reported the network from the surrounding areas, Defendant A did not go beyond the Ortoba, and Defendant A cut off after getting off the starting line by linking the engine’s point.

Accordingly, the Defendants stolen the victim's property jointly with E, F, and G.

2. On June 28, 2015, Defendant B driven HOba in the section around approximately 500 meters around the North Korean elementary school, which is located in the 83-ro, a hnba, without a bicycle rider’s license, around 18:30 square meters.

3. On June 28, 2015, Defendant C driven H-to-land from the 4km section to the North Korean elementary school located in the 21-lane 22, Mapo-si, Sinpo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each protocol of suspect examination of the police in relation to G, F, and E;

1. Each statement of D and I;

1. Police seizure records;

1. Application of the Act and subordinate statutes to the investigation report (in case of the suspect B unlicensed driving); and

1. The relevant criminal facts and the selection of punishment;

A. Articles 331(2) and 331(1) of the Criminal Act of each of the Defendants (the point of joint larceny)

B. Defendant B, Article 154 Subparag. 2, Article 43 of the Road Traffic Act (the occupation of a non-licensed driving), and each fine is selected.

1. Aggravation of concurrent crimes (defendant B and C), the former part of Article 37 and Article 38 (1) 3 of the Criminal Act (Concurrent Imposition of Imprisonment and a fine);

1. Reduction of volume (defendants) Articles 53 and 55(1)3 of the Criminal Act

1. Article 70(1) and Article 69(2) of the Criminal Act (Defendant B and C) for detention in a workhouse;

1. Article 62(1) and (2) of the Criminal Act, respectively, shall be suspended of execution (the Defendants)

1. Protective observation and community service order (defendant C) under Article 62-2 of the Criminal Act;

1. Dismissal of an application for compensation;

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