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(영문) 수원지방법원 2014.05.15 2014고단516
특수절도
Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the conclusion of the judgment, each of the above two years against the Defendants.

Reasons

Punishment of the crime

【Defendant B’s criminal records】 On October 25, 2013, the Seoul Central District Court sentenced two years of suspension of the execution to ten months of imprisonment with prison labor for the crime of uttering of forged securities at the Seoul Central District Court, which became final and conclusive on November 2, 2013, and is currently in the grace period.

【Criminal Facts】

1. At around 23:20 on July 20, 2012, the Defendants jointly carried the new construction site in Suwon-si C, and the gap of management failure, together with the construction site in another construction site, and stolen the 90,000 won of the victim D’s market price by carrying them on the E-bred cargo vehicle.

2. On October 28, 2012, around 02:30 on October 28, 2012, the Defendants jointly entered the studio construction site located in the CF and the gap in management being neglected at the construction site of another construction site, and stolen the 40 studum 40% of the market value of the victim G at the same construction site of another construction site.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement of G, D and H;

1. Previous convictions: Criminal records (Evidence Nos. 14), investigation reports, and application of Acts and subordinate statutes concerning suspended execution of sentence B;

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

1. The latter part of Article 37 of the Criminal Act and Article 39 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., the fact that the accused reflects on the fact that the accused deposits for the recovery of damage, etc.);

1. Article 62 (1) of the Criminal Act of the suspended execution;

1. Article 62-2 (1) of the Criminal Act of each community service order;

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