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(영문) 대전지방법원 서산지원 2013.09.05 2013고단551
특수절도
Text

1. The defendant A shall be punished by imprisonment with prison labor for ten months.

2. Defendant B

(a) The defendant shall be punished by imprisonment for six months;

(b).

Reasons

Punishment of the crime

Defendant

A, around 10:30 on August 4, 2013, at the time of 10:0 on August 4, 2013, the victim E (owner) at the bend line in the Sinjin-si, found that the luxet, which is a building material, has been loaded in a considerable quantity, and tried to steal it.

Defendant

A thought that it is difficult to steal the above uniforms alone, and requested the defendant B to help him to do so.

On August 5, 2013, at the above construction site around 22:30, the Defendants moved to transport 105 pumps equivalent to 2,551,50 won at the market price owned by the victims in loading cargo vehicles by Defendant B.

Accordingly, the suspects stolen the victim's property jointly.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to G, H and I;

1. Records of seizure and the list;

1. Each photograph;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Defendant B of the order of community service: Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The defendant A committed the crime of this case in a planned manner despite the previous convictions of the same kind several times. The defendant habitually committed the crime of larceny is inevitable to sentence sentence.

Provided, That the punishment shall be determined in consideration of the reflective points, etc.

2. Defendant B, immediately after having received a disposition of suspension of indictment for larceny, does not correspond to the nature of the crime repeatedly with the upper accused. However, considering the following: (a) the degree of participation was agreed with the victim; and (b) the degree of participation was minor; and (c) it is against the period of detention, the execution of the sentence shall be suspended; and (d)

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