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(영문) 대구지방법원 포항지원 2013.05.23 2013고단268
특수절도
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

, however, from the date this judgment becomes final.

Reasons

Punishment of the crime

On August 8, 2012, at around 23:15, the Defendants discovered that there is a stoper on the victim E’s fdiversified cargo vehicle parked in front of the D agency driving office at the time of racing, and the Defendant A opened the front glass door of the said cargo vehicle with the clicker prepared in advance and opened the door of the vehicle by shouldering the back glass of the said cargo vehicle, and Defendant B parked the said knex passenger vehicle in front of the click truck, and loaded it onto the knex knife knife knife knife knife knife vehicle.

Accordingly, the Defendants, together, stolen the total amount of 275,00 won in the market value of 10 cross-sections owned by the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. E statements;

1. A criminal investigation report (Attachment of a photo related to field identification), a criminal investigation report (CCTV on the page), and a criminal investigation report (Attachment of a photo on the scene of damage);

1. Application of each statute of appraisal;

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

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Article 55 (1) 3 of the Criminal Act);

1. Article 62(1) of the Criminal Act for the suspension of execution (i.e., the circumstances mentioned in the preceding and the Defendants reflects the wrongness, the theft amount is not much high, the Defendants’ age is relatively short, and there is no past record of criminal punishment in the case of Defendant B);

1. Probation (Defendant A) under Article 62-2 of the Criminal Act;

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