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(영문) 창원지방법원 마산지원 2013.05.15 2013고단158
특수절도
Text

1. Defendant A shall be punished by imprisonment for six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 2, 2012, the Defendants of special larceny (the Defendants) jointly and jointly joined as a friendship group, discovered that there is a studio window of the G typ-type car parkeded by the victim F, and between B and B’s view of the network outside the parking lot, the Defendant: (a) laid down a lock-down device by inserting his hand between the difference of open windows; (b) laid down 5,500 won in the car’s body; and (c) stolen the property owned by the victim.

2. A thief (Defendant B);

A. On March 9, 2013, the Defendant: (a) around 20:15 on March 9, 2013, at the H apartment parking lot in Changwon-si, Changwon-si; (b) opened a door in which the victim C, parked, did not fasten the vehicle of the 100 foot transport owned by the victim C; and (c) committed theft with a total of KRW 5,000 won, including KRW 10,50 foot mold 2,500, KRW 3,000, respectively, located far away from the driver’s seat.

B. On March 12, 2013, the Defendant: (a) around 01:40 on March 12, 2013, the Defendant: (b) opened a front door of the J Apartment-gu, Changwon-si, Changwon-si; (c) opened a string door that does not lock the vehicle owned by the parked victim D; and (d) took six 10 foot gram gram gram fri, which is contained in the front door of the market price of KRW 1,000 under the driver’s seat even, of the market price of KRW 1,00.

Summary of Evidence

1. Defendants’ respective legal statements

1. A copy of the police statement concerning F;

1. Each police statement of C or D;

1. Application of Acts and subordinate statutes on seizure records;

1. Defendant A of the pertinent legal provision regarding criminal facts: Article 331(2) and (1) of the Criminal Act: Articles 331(2) and (1), and 329(1) of the Criminal Act (the choice of imprisonment with prison labor for larceny);

1. The former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes (Defendant B);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act of the suspended execution;

1. Probation under Article 62-2 of the Criminal Act;

1. Reasons for sentencing of Article 333(1) of the Criminal Procedure Act to return victims.

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