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(영문) 춘천지방법원 2014.11.06 2014고단818
특수절도
Text

1. Defendant A shall be punished by imprisonment with prison labor for one year.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On June 11, 2014, at around 08:00, the Defendants entered a mountain zone in which the victim E, who is the victim Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, has cultivated mountain ginseng, and the Defendant A d d d d d d d d d d d d d d d d d d d d g d d d d d d d d d d d d d d d d d g g d d g d d g d d d

As a result, the Defendants jointly stolen the mountain ginseng 46 ppuri equivalent to KRW 4.6 million at the market price owned by the victim.

2. On June 15, 2014, the Defendants entered the place under the preceding paragraph at around 06:00, and Defendant A saw the 10-year old mountain ginseng 45 ppuri, which was planted in the middle of 10 years, and Defendant B saw the 10-year old mountain ginseng 21 ppuri, which was caught in the middle of 10-year old mountain village.

As a result, the Defendants jointly stolen the mountain ginseng 66 ppuri equivalent to KRW 6.6 million at the market price owned by the above victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. E prosecutorial statement;

1. On-site map, photograph, etc.;

1. Application of Acts and subordinate statutes to a criminal investigation report (to hear statements from the telephone of the Korea Youth Plant Plant Development Association);

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

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

1. Discretionary mitigation Defendant B: Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 62 (1) of the Criminal Act for a suspended sentence (the following extenuating circumstances among the reasons for sentencing):

1. Defendant A of a community service order: The reason for sentencing under Article 62-2 of the Criminal Act;

1. As a result of Defendant A [Determination of Punishment] Type 2 (General thief) (Determination of Recommendation Area] Basic Area of thief [Scope of Recommendation Form] from June to June 1 [Application of Multilateral Criminal Treatment Criteria] as a result of the aggravation of multiple crimes (1/2 of the upper limit of crimes No. 2nd : June to February 1: The comparison of punishment with recommended punishment by law applicable sentences in March 1 to 2: One year and two years [Determination of Sentence]. The Defendant is the victim.

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