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(영문) 대구지방법원 2016.12.22 2016고단5057
특수절도등
Text

Defendant

A and B Imprisonment for six months, and Defendant C shall be punished by a fine of 500,000 won.

Defendant

C The above fine.

Reasons

Punishment of the crime

The Defendants were willing to intrude into FF women and buildings operated by the victims FF in Daegu-gu for the purpose of carrying out a string test into an abandoned house or non-business building during late night hours.

1. The Defendants, on April 2016, opened the entrance door on the parking lot that was not installed as a corrective device in Fbuins and buildings at the end of 03:00, and entered the said building.

Accordingly, the defendants jointly intruded the victim's structure.

2. Defendant A and Defendant B discovered both owners and fruits stored in the warehouse while searching the building at the time and place specified in paragraph (1), and divided the market price of the victim’s possession by opening the same as the victim. Defendant A and Defendant B had a 1 soldier who had a fluent market price at that place.

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

Summary of Evidence

1. Defendants’ respective legal statements

1. The statement of each police officer made to F and G;

1. A written appraisal of each on-site site;

1. The scene of crime and photographs of damaged articles;

1. Application of Acts and subordinate statutes to report on investigation (the analysis of monetary details);

1. Article 31(2) and (1) of the Criminal Act, Article 2(2)1 of the Punishment of Violences, etc. Act, Article 319(1) of the Criminal Act, Article 2(2)1 of the Criminal Act, Article 319(1) of the Criminal Act, Article 2(2)1 of the Punishment of Violences, etc., Defendant C who has the choice of imprisonment: Article 2(2)1 of the Punishment of Violences, etc. Act, Article 319(1) of the Criminal Act, the selection of fines, etc.;

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

1. Defendant A and B subject to discretionary 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. Defendants A and B of the suspension of execution: Reasons for sentencing under Article 62 (1) of the Criminal Act;

1. The theft against the defendant A, B [the scope of recommendations] general property.

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