beta
(영문) 인천지방법원 부천지원 2012.10.11 2012고단1357 (1)

특수절도

Text

Defendants shall be punished by imprisonment for six months.

However, with respect to the defendant B, it shall be for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 13, 2012, around 01:30 on June 13, 2012, the Defendants: (a) while drinking alcohol at a main station near the Seocheon Station and getting a taxi, the Defendants conspired to withdraw money by viewing that the victims E, who are fright, were under the influence of alcohol and cannot wear their body; and (b) by stealing the victim’s cash card.

The Defendants, at the same time as D, arrived at the mutual infinite-si, Seocheon-si, Seocheon-si, and then sent the toilet to the toilet in order for the victim to listen to it, and D, while leaving the victim's body card in the back part of the back part of the victim's body cream card in the back part of the victim's body cream, and then put the wall back into the main part, and the Defendants were hick back to the back part.

As a result, the Defendants stolen one physical bank card owned by the victim together with D.

2. The Defendants conspired to withdraw and divide cash using a stolen body card as referred to in D and paragraph 1 above.

At around 03:26 of the same day, the Defendants returned the victim to the Republic of Korea on the same day, and then came to the F convenience store A, Defendant A entered the victim’s physical card into the cash withdrawal machine and then withdrawn the victim’s secret number in total three times in total.

Accordingly, the Defendants stolen the money owned by the victim together with D.

Summary of Evidence

1. Defendants’ respective legal statements

1. Part D of the interrogation protocol of the police against the Defendants

1. Statement to E by the police;

1. E statements;

1. Details of passbook transactions and certificate of confirmation;

1. Each CCTV photograph;

1. Application of Acts and subordinate statutes to a report on investigation (general, relative investigation of a victim, and relative investigation of a suspect);

1. Relevant Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense / [Defendant]

1. Aggravation of concurrent crimes [Defendants] The former part of Article 37 and Article 38 (1) 2 of the Criminal Act;

1. Discretionary mitigation [the defendants] The defendants under Articles 53 and 55 (1) 3 of the Criminal Act repents and reflects the defendants' mistakes, and this case.