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(영문) 서울동부지방법원 2013.11.07 2013고단1591

절도

Text

Defendants shall be punished by imprisonment for six months.

However, as to the Defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

From August 201, the Defendants were living together in the victim G apartment located in Songpa-gu Seoul Metropolitan Government F Building 1134. On December 2, 2011, the Defendants: (a) attempted to steal the benzS350 and passbook, etc. owned by the victim; (b) informed H of the place of storage of the victim’s registration certificate and benzS350, the victim’s ownership; (c) allowed H to take alcohol on the part of the victim; and (d) sold the said vehicle with the victim’s height and cash card on the part of the house; and (d) conspired to sell the said vehicle on the part of the victim’s car and to divide the money by withdrawing the deposit.

On December 7, 201, at H and 03:00, the Defendants entered the said apartment house in the said apartment parking lot, and cut off the wall with the Defendant’s cash card from the back of the victim’s cash card, at around 06:00 on December 7, 2011, when the victim was in a hump, in the market price of 21 million won or more, the victim was in a hump, which was in a hump, under the influence of alcohol. < Amended by Presidential Decree No. 23509, Dec. 7, 2011; Presidential Decree No. 2503, Dec. 3, 2011>

Accordingly, the Defendants committed a theft of the victim’s property in collusion with H.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement made by the defendant A, G, and H among the suspect interrogation records of the defendant A by the prosecution (the second, the second, and the second, the second, and the second)

1. The prosecutor's statement concerning G;

1. The police statement concerning G;

1. Defendant B’s written statement

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 329 of the Criminal Act and Articles 329 and 30 of the Criminal Act and the choice of imprisonment with prison labor;

2. Article 62 (1) of the Criminal Act:

3. Article 62-2 of the Criminal Act;