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Reasons
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(영문) 수원지방법원 평택지원 2016.06.09 2016고단703
상습특수절도
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Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of six months.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

[Criminal Records] Defendant A was sentenced to imprisonment with prison labor for one year and six months at the Suwon Franchising Board on August 22, 2007 as a crime of larceny under the Act on the Aggravated Punishment, etc. of Specific Crimes.

[2] On August 6, 2015, at around 02:48, the Defendants got around the number rocketing car parked on the road front of Pyeongtaek-si in Gyeonggi-do, and Defendant B was seated with the driver’s seat of the said rocketing car. Defendant A was approaching the top of the said rocketing car, and Defendant A had a door of the said rocketing car, which was in possession of the victim’s name and fire box (hereinafter “the so-called “the so-called “the so-called location”) and was able to see the key of the said rocketing car.

In addition, Defendant A, including this, stolen another’s property over 10 times from January 18, 2012 to August 6, 2015, as shown in the list of offenses.

As a result, the Defendants jointly stolen the victim's property.

Summary of Evidence

1. Defendants’ legal statement

1. Protocol concerning the interrogation of suspects by the prosecution against the Defendants

1. A protocol concerning the examination of suspect of the defendant A;

1. Statement made by the police with regard to F;

1. Each protocol of seizure and photographs of seized articles;

1. G statements;

1. A report on investigation;

1. Blue image data of black boxes;

1. Previous convictions of Defendant A: Inquiry about criminal history and reporting of investigation (the history of punishment of Defendant A);

1. Habituality of the judgment of Defendant A: Application of the Acts and subordinate statutes recognizing dampness in light of the records of each crime, the method and frequency of crimes, and the fact that the same kind of crime has been committed in a planned and organized manner;

1. Pursuant to Article 332 of the Criminal Act: Articles 332, 331(2), and 331(1) OB of the Criminal Act: Articles 331(2) and 331(1) of the Criminal Act;

1. Reduction of volume (Defendant B) Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution (Defendant B) Article 62(1)1 of the Criminal Act

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