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(영문) 대전지방법원 2020.10.07 2020고단3786
특수절도
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Defendant

A Imprisonment with prison labor for one year, for two years, for two years, and for six months, for Defendant C.

, however, the defendant.

Reasons

Punishment of the crime

[criminal power] On May 2, 2017, Defendant A was sentenced to eight months of imprisonment for embezzlement, etc. at the Hongsung Branch of the Daejeon District Court, and on January 18, 2018, Defendant A completed the execution of the sentence in the Daejeon District Court on April 29, 2018.

Defendant

B sentenced three years and six months to imprisonment for a crime of larceny, etc. at the Daejeon High Court on September 23, 2011, and sentenced one year and six months to imprisonment for a special larceny, etc. at the Daejeon District Court on November 26, 2015, and sentenced one year and one year to one year and six months for a crime of larceny, etc. on September 13, 2018. On December 12, 2018, the Daejeon District Court sentenced four months to imprisonment for a crime of larceny, etc. at the Daejeon District Court on December 12, 2020.

【Criminal Facts】

Defendant

A and B are only between the human resources office and the defendant A and C are between the two.

At around 01:00 on August 17, 2020, the Defendants left the area around the E Hospital in Daejeon-gu, Daejeon-gu, and parked a nearby vehicle after having set up an area around Defendant A’s Fbenz car, and Defendant C reported the network remaining in the vehicle, Defendant A and B entered the removal site, and carried 32,800 won of the market price, such as electric wires owned by the victim G, into the distribution site, and carried them onto the vehicle.

In addition, the Defendants jointly stolen the property owned by the victims on six occasions from that time to August 23, 2020, even though they were sentenced to imprisonment more than three times due to larceny, etc.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning G;

1. Each statement of H and I;

1. Each photograph;

1. Each transaction account book;

1. Previouss before and after judgments: Application of Acts and subordinate statutes on criminal records, reply reports, written rulings and personal confinement status;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A and C: Article 331(2) of the Criminal Act.

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