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(영문) 의정부지방법원 2015.09.22 2015고단1612
특수절도
Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the conclusion of the judgment, each of the above defendants is against the defendants for one year.

Reasons

Punishment of the crime

1. From April 4, 2015 to around 04:30 on the same day, the Defendants: (a) carried the victim C’s special larceny from around 04:00 on April 4, 2015 to the Erento vehicle owned by Defendant B, who was waiting for the total amount of KRW 200,000,000 of the market price of the victim’s possession on the display stand, using the crepans of the victim C, in front of the store selling children’s clothes to the victim C.

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

2. The Defendants of special larceny against the victim F came to be in front of the “H” clothes store operated by the victim F in G at the time and time set forth in paragraph (1) and came to be loaded into the Erento vehicle owned by the Defendant B, which is owned by the Defendant, with a gap of no people in the surrounding area, the total market value of KRW 700,000,000 and KRW 28,000,000, and KRW 36,000,000.

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

Summary of Evidence

1. Defendants’ legal statement

1. The summary statement of each victim in F and C preparation;

1. Application of field-related photographs, case-related photographs, and relevant Acts and subordinate statutes;

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

1. Defendants 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. Defendants subject to suspended sentence: Reasons for sentencing under Article 62 (1) of the Criminal Act (including the fact that there is no history of criminal punishment, the full recovery of damage, and the fact that the crime of this case is seen to have been committed by contingently), [Scope of recommending punishment] There is no basic area (6-1 and 6 months) (6 months), which is the basic area (6-1 year and 6 months) of the theft in general property (decision of sentence] [6 months] and one year of suspended sentence;

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