beta
(영문) 춘천지방법원 2013.11.01 2013고합89

특정범죄가중처벌등에관한법률위반(절도)등

Text

Defendant

A Imprisonment for a term of four years and six months, imprisonment for a term of three years, and imprisonment for a term of one year for a term of one year.

seizure.

Reasons

Criminal facts

【Defendant A was sentenced to imprisonment with prison labor for a short term of three years, a long term of four years, and one year at the Chuncheon District Court on January 18, 196, and two years, additional collection of twenty million won or more for the same crime in the same court on November 9, 201, and completed the execution of the sentence in the Daegu Prison on December 7, 201. Defendant B was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Suwon District Court branch on December 8, 2011. Defendant B was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Narcotics in the Suwon District Court on December 8, 201 and completed the execution of the sentence in the Suwon District Court on July 18, 2012.

【Criminal Facts】

1. On June 2013, the Defendants conspired to steal another person’s property by waiting within the train while leaving the vehicle driven by Defendant C while driving the vehicle in front of the abandoned house and cutting the vehicle into the house by Defendant C, Defendant B, and Defendant B, while the vehicle in front of the abandoned house and cutting the property into the house, the Defendants conspired to steal another person’s property by viewing the network.

On June 13, 2013, at around 15:00, the Defendants: (a) upon the Victim I’s house located in Hongcheon-gun Hongcheon-gun Ha, the Defendant C and B reported the network inside the train; (b) Defendant A, upon intrusion into the house through an unlocked inner window, committed a theft with the volume of KRW 45,00 won per the market price of KRW 2 disease and KRW 50,000 per the face value per the same method from that time until June 16, 2013; and (c) committed a theft of property at the market price of KRW 3,60,000 in total on six occasions in total, as shown in the attached Table 1 of Offenses of Crimes. However, the Defendants attempted to commit a theft of property at the market price of KRW 3.0,000,000 in total, or by impairing the residence, as there was no sufficient evidence to do so.

As a result, Defendant A and Defendant B habitually stolen another’s property, together with the Defendants, and invaded upon the residence, and thus did not commit attempted crimes because they did not have any goods to be stolen.

2. Joint criminal conduct by Defendant A and B;

(a) Violation of the Aggravated Punishment, etc. of Specific Crimes Act;