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(영문) 대구지방법원 2014.04.24 2013고단4950
특수절도
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

However, this decision is delivered to the Defendants.

Reasons

Punishment of the crime

On September 10, 2012, the Defendants reported to the network of Defendant B at the construction site located in North-gu, Gyeong-si, Gyeong-si, Gyeong-si, Gyeong-si on September 10, 2012, and Defendant A, the victim E, who was kept there, carried out construction materials equivalent to KRW 2,650,000 (3m in length) in advance, including 100 pipes (2m) at the market price of KRW 650,000 at the victim E-owned market price of KRW 10,000,000 at the market price of KRW 1,00,000 at the market price of KRW 50,000 at the safety launch of the market price of KRW 1,65,00.

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

Summary of Evidence

1. The Defendants’ partial statements in the second trial records;

1. The entry of some of witness G in the fifth trial records;

1. Partial entry of each part of the police interrogation protocol against the Defendants

1. Defendant B’s written statement

1. Application of Acts and subordinate statutes on police statements made to E, H and G;

1. Article 331(2) and (1) of the Criminal Act concerning the Defendants of the pertinent legal provisions concerning criminal facts

1. Articles 53 and 55(1)3 of the Criminal Act of the Defendants’ discretionary mitigation

1. As to the Defendants’ assertion of Article 62(1) of the Criminal Act, the Defendants asserts that the number of stolen and stolen goods was not consistent, and Defendant B did not see the network.

In light of the fact that H was present at the police at the time of the instant crime, and the Defendants appeared in the police (including the fact that Defendant B reported the network) and the situation at that time, specifically stated the stolen goods and the quantity, the victim’s statement is consistent with H’s statement, Defendant B was waiting for the construction site as Defendant A, as Defendant A, while carrying materials at the police site, and stated that the materials was partially received as expenses, and Defendant A was stolen together with Defendant B at the police station.

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