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(영문) 대구지방법원 2016.08.25 2016고단2358
특수절도
Text

Defendants shall be punished by imprisonment for eight months.

However, the sentence against the defendant A for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On September 2, 2011, Defendant B was sentenced to four years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Gwangju District Court’s net support, and completed the execution of the sentence on February 7, 2015.

[Criminal facts] The Defendants committed an act in an unpersonal manner with the intent to steal the old and new shares, etc. by entering the body at night without any personnel.

On April 30, 2016, at around 19:41, the Defendants returned to the front line of F, F, operated by the victim D, in Busan City, at around 19:41, the Defendant: (a) looked at the inside of the above solid body, and sought to commit a crime, such as intrusion routes; (b) went over the rear wall on the above solid body; and (c) went over the back to the front line of the victim; (d) KRW 1ton of the market value of KRW 5,00,00,000 and the new shares of KRW 1.2,20,000,000 in the market value of KRW 377.42 gg, and prepared in advance; and (e) Defendant A was able to leave the front line of the above vehicle, and then he was able to take over the cargo back to the front line of B and B, and then he was able to take over the cargo outside the front line.

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

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made to I by the police;

1. Each investigation report (No. 5 through 18 list of evidence), and a seizure report;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history (No. 78 of the evidence list), investigation report (No. 53 of the evidence list);

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

1. Aggravationd criminal defendant B: Article 35 of the Criminal Act;

1. Defendant A who is subject to suspended execution: Article 62 (1) of the Criminal Act;

1. Defendant A to observe the protection: Article 62-2 of the Criminal Act;

1. Confiscation;

(a) Defendant A: Article 48(1)1 of the Criminal Act (Evidence No. 1, 2, 5, 7);

B. Defendant B: Article 48(1) of the Criminal Act.

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