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(영문) 제주지방법원 2014.07.24 2014고단853

특수절도

Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

Defendant

On February 11, 2010, A was sentenced by the Jeju District Court to imprisonment with prison labor for a violation of the Establishment of Pilotage Police Units Act, and the execution of the sentence was terminated on October 12, 2012.

The Defendants, who were working as delivery employees from the Fmat in the operation of the victim E in Jeju City, were willing to steal money and valuables by entering the Fmat with good knowledge of internal structure.

1. On May 17, 2014, at around 03:00 on May 17, 2014, the Defendants: (a) removed the crime prevention windows of the Fmate office adjacent to them by hand, and entered into them after opening them. (b) Defendant B took a newspaper where CCTV at the entrance of Fmate was prepared in advance; and (c) Defendant A took a cash of KRW 567,00,000, which is the victim’s possession in the book column of the office.

2. In May 2014, the Defendants came to the storage of goods located in the said FMart parking lot, and Defendant A took the hand of Defendant B, Defendant B entered the storage of goods beyond the warehouse by following the hacks of the warehouse, and the victim’s market value in the warehouse was 100,000 won in total, 10,000 won in the victim’s market value in the warehouse.

3. On June 5, 2014, at around 02:28, the Defendants entered the Fmaart toilet with the same method as described in paragraph 1, and carried 2.60,000 won in cash, which is the victim’s possession.

Accordingly, the Defendants jointly stolen the victim’s property on three occasions as above.

Summary of Evidence

1. Defendants’ respective legal statements

1. Examination protocol of Defendant A by the prosecution;

1. Each written statement of E and G;

1. Each video material and each photograph;

1. Application of the Act and subordinate statutes to Defendant A’s inquiry and inquiry report

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

1. Aggravation of repeated crimes (defendant A): Article 35 of the Criminal Act;

1. Aggravation of concurrent crimes: the former part of Article 37 of the Criminal Act;