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(영문) 광주지방법원 순천지원 2013.08.09 2013고단743
특수절도
Text

Defendants shall be punished by imprisonment for six 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 August 14, 2012, the Defendants were sentenced to six months of imprisonment with prison labor for special larceny in the Southern District Court Branch of the Jeonju District Court on August 14, 2012, and Defendant A became final and conclusive on December 12, 2012, and Defendant B became final and conclusive on November 28, 2012.

On February 2, 2012, the Defendants opened the pipe pipe installed on the building outer wall through the cutting machine, and cut off to a size of 2.5m in size, and carried 330,400 won in the market price by transporting it out of the fence, and around 22:00, the Defendants left 12 of the pipe pipe 12 in the color of the Defendant B owned by the Defendant.

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

Summary of Evidence

1. Defendants’ respective legal statements

1. Examination protocol of Defendant A by the prosecution;

1. The police statement concerning G;

1. All on-site photographs;

1. The current status of persons who correspond to the results of investigation reports (specific persons), DNA comparisons;

1. Previous record: Application of investigation report (Attachment of output of a written judgment) Acts and subordinate statutes;

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

1. Defendants who commit concurrent crimes: the latter part of Article 37 and Article 39(1) of the Criminal Act;

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decisions 200, Feb. 1, 2000; 200,000 won was deposited for victims)

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendants on probation: Article 62-2 of the Criminal Act;

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