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(영문) 인천지방법원 2016.05.27 2016고단2129

특수절도

Text

Defendants shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The joint crimes committed by Defendant A, Defendant B, and Defendant B, together with each other, shall be extracted from the machinery installed on the street in front of the Ocheon-gu, Macheon-gu, Busan on February 18, 2016 at around 01:00, and the network of the Defendant B shall be reported by the Defendant B, while the Defendant A shall put the clothes in the opening and closing section where the goods are emitted, and shall cut up three persons at the expense of KRW 1,500 at the market price owned by the victim D, where the goods are stored, with putting the clothes on the goods.

They have come to her.

As a result, Defendant A and Defendant B stolen the victim’s property jointly.

2. The Defendants committed the joint crime together with the Defendants put money into the extracted machine installed in front of the Nam-gu Incheon Metropolitan City E around 02:00 on February 19, 2016, and run the said game. Defendant B and Defendant C shall snick the machinery on the side and rear of the said machine and make the machinery snick, and then cut off two bruscers, the total market price of which is equivalent to KRW 44,00,000, the total market price of the victim F owned by the Defendant at that place is equivalent to KRW 44,00,000.

They have come to her.

In addition, from February 19, 2016 to around 02:00 on February 19, 2016 to around 02:40 on February 24, 2016, the Defendants stolen the victim’s property on five occasions in total, such as the list of crimes in attached Form.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. Each statement of G, D, F, H, I, and J;

1. Application of the Acts and subordinate statutes verifying seizure;

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

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37 and Articles 38(1)2 and 50 of the Criminal Act;

1. Small-scale mitigated Defendants: Articles 53 and 55(1)3 of the Criminal Act

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

1. Defendants of protection observation and community service order: Article 62-2 of the Criminal Act;

1. Defendant A: Reasons for sentencing under Article 48(1)1 of the Criminal Act [the scope of recommendations] / [the scope of punishment] for general property / the basic area (one to half months from June) (one to six months) for the theft of general property.