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Defendants shall be punished by imprisonment for six months.
However, with respect to Defendant B, it shall be for 2 years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. On December 16, 2019, the Defendants’ co-principaled Defendant B, after the completion of the construction site of the Do road expansion project in front of the Da road in Gyeonggi-gun, Gyeonggi-do, and proposed that Defendant A be used to construct a stable to cut down the rain pipe at the construction site, and that Defendant A would also bring about the rain pipe.
Accordingly, around December 16, 2019, the Defendants simultaneously correct “B” as stated in Defendant A’s indictment, because it is a clerical error in “A”.
The driver stolen the non-line pipe by moving the 15,000 non-line pipe (4m, 17m, 6m length, 20m) of the 15,000 won per dog managed by the victim E, who is the head of the site office at the above construction site, to the above plar truck and loading the plar truck to the above plar truck and escape.
As a result, the defendants stolen the victim's property together.
2. On December 16, 2019, from around 23:00 to around 01:40 on the following day, Defendant A driven a G Poter truck without a driver’s license from around 40km to D located in the same Gun as Gyeonggi-si F to D. in the same Gun C.
Summary of Evidence
1. Application of the Defendants’ legal statement E statements to the Defendants, investigation reports (ctv analysis), ctv analysis photographs, criminal history review reports (A), investigation reports (verification during the period of suspended execution of A) legislation
1. Article relevant to the facts constituting an offense and the selection of punishment;
(a) Defendant A: Article 331(2) and (1) of the Criminal Act (the occupation of special larceny), Article 152 Subparag. 1 and Article 43 of the Road Traffic Act (the occupation of driving without a license and the choice of imprisonment);
B. Defendant B: Article 331(2) and (1) of the Criminal Act
1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act
1. Defendant B: Article 62 (1) of the Criminal Act;
1. Defendant B: The reason for sentencing under Article 62-2 of the Criminal Act.