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(영문) 창원지방법원 마산지원 2017.05.23 2017고단197
특수절도
Text

Defendants shall be punished by imprisonment for six months.

However, as to the defendants, two years have passed from the date of confirmation of each judgment.

Reasons

Punishment of the crime

On January 2, 2017, at around 22:07, the Defendants came to the front parking lot of 106 Y125 SL125 SOba, the victim E, who was parked in the area, and Defendant A reported the network in the surrounding area, and Defendant B forced the above SL125S Oba, and forced the above SL125S Oba.

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

Summary of Evidence

1. Defendant A’s legal statement

1. The defendant B's partial statement

1. Each legal statement of witness A, F and G;

1. Statement made by the police for E;

1. Application of criminal investigation reports, photographs attached thereto, and the Acts and subordinate statutes;

1. Defendants of the relevant legal provisions concerning criminal facts: Articles 331(2) and 331(1) of the Criminal Act

1. Defendant B’s mitigated juvenile offenses: Articles 2 and 60 of the Juvenile Act, Article 55(1)3 of the Criminal Act, and Article 55(1)3 of the Criminal Act;

1. Defendant A who is to be mitigated: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution;

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

B. Defendant B: Determination as to Defendant B and defense counsel’s assertion under Article 62(1) of the Criminal Act, Article 60(3) of the Juvenile Act,

1. The assertion A merely took place with the knowledge of the stobane from G, and there was no intention of theft.

2. The following circumstances that can be acknowledged by the evidence duly adopted and investigated by this court, namely, ① the Defendant and A did not have the key of the victim’s stoba, and the Defendant was driving the victim’s stoba by forced display his key to the victim’s stoba, and the Defendant was driving the victim’s stoba by forced display the key to the victim’s stoba, ② the victim’s stoba by forced operation of the stoba as seen above, seems not to allow the Defendant to operate stoba in a way of forced operation of the victim’s stoba by other keys, and ③ accordingly, the Defendant would not allow the Defendant to operate stoba

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