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(영문) 광주지방법원 순천지원 2016.11.23 2016고단1843
특수절도
Text

Defendant

A and B Imprisonment for eight months, and Defendant C shall be punished by a fine of one million won.

Defendant

C The above fine.

Reasons

Punishment of the crime

1. Defendant A and Defendant B’s co-offendered Defendants were in the process of carrying out construction works for piling stone on the land of E, which is the land of Defendant A, and when the stone was insufficient, they brought about the stone in the vicinity at will.

On January 14, 2016, around 15:30, the Defendants left a dry field owned by the victim, which was loaded in the dry field owned by the victim, from January 14, 2016, with the stone of the market price of the victim G ownership (2.5 million won claimed by the victim) arbitrarily.

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

2. Around 08:00 on January 13, 2016, when the Defendant continued the said construction work, the Defendant instructed B, an engineer, who was scke, to operate a construction vehicle, such as sckes, above the dry field of the victim as described in paragraph (1). As a result, the Defendant destroyed agricultural products, such as a strike, distribution, sckes, and wave, of market price (three million won for the victim’s assertion) of the victim’s dry field, which was in mind in the victim’s dry field, by having the victim take part in the vehicle wheels.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. The police statement of H;

1. On-site photographs;

1. Application of Acts and subordinate statutes to each investigation report (with respect to the relative investigation, etc. of the victim and the relative investigation of damage);

1. Relevant Article 331(2) and (1) C of the Criminal Act: Defendant A and B of the option of criminal facts and punishment: Article 366 of the Criminal Act; Selection of fines;

1. Defendant A and B who mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Defendant C at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A and B: Article 62 (1) of the Criminal Act;

1. Defendant C of the provisional payment order: The reason for sentencing of Article 334(1) of the Criminal Procedure Act (the decision of the type of punishment) (the decision of the defendant A and B) (the decision of the type of larceny) (the decision of the recommending area) basic area (the decision of the recommending area) [the scope of the recommending area] six months to one year and six months [the general aggravated factors]: in case of two or more joints (the decision of the sentencing) where no damage recovery is made.

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