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(영문) 울산지방법원 2013.07.18 2013고단2301
특수절도
Text

Defendants shall be punished by imprisonment for eight months.

However, each of the above defendants is against the defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On April 11, 2013, at around 15:20, the Defendants discovered car te-vehicle located in the victim F F-owned car that was set up in order to scrap the horses at E-vehicle located in Ulsan-gu, Ulsan-gu., and the Defendant A reported the network and the Defendant B removed the above car te-house amounting to KRW 100,000 in the market price using the Raber held by the Defendant B.

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

Summary of Evidence

1. Defendants’ legal statement

1. Application of the police statement-related Acts and subordinate statutes to F;

1. Article 331 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the degree of damage and the agreement with the victim);

1. Article 62 (1) of the Criminal Act (Taking into account the same circumstances as the above);

1. In light of the fact that Defendant A committed the instant crime even though he/she had been sentenced to two years of suspended sentence for special larceny in the Ulsan District Court on October 14, 2010, and Defendant B led to the instant crime, it is reasonable to impose a community service for a certain period of time in order to return to a sound social person) under Article 62-2 of the Criminal Act of the community service order.

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