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(영문) 수원지방법원 안양지원 2015.09.10 2015고단941

특수절도등

Text

Defendants shall be punished by imprisonment for six months.

However, for two years from the date this judgment becomes final and conclusive against Defendant A.

Reasons

Punishment of the crime

Defendant

B On April 21, 2015, the Suwon District Court was sentenced to one year of imprisonment with prison labor for special larceny and two years of suspended sentence, and the judgment became final and conclusive on the 29th of the same month.

1. At around 01:57 on June 21, 2015, the Defendants found that the victim E, who was parked in front of the D Building at Sinpo-si, Mapo-si, Mapo-si, the key was 1.5 million won of the market price of the victim E-owned, and Defendant A reported the network in its surroundings, Defendant B, and Defendant B, together, stolen the property worth KRW 5040,000,000 in total from that time until 04:20 on three occasions, such as the list of crimes in the annexed sheet.

2. On June 21, 2015, the Defendants jointly destroyed the correction device by means of cutting off the doors set up in the IC page for the operation of the victim H located in the Gu G during Ansan-si on June 21, 2015, and Defendant A reported the network outside, Defendant B attempted to open the money receipt and disbursement machine inside the safe and to steal cash, but did not have any cash contained in the money receipt and disbursement machine.

Summary of Evidence

1. The defendant A's partial statement

1. Defendant B’s legal statement

1. Written statements in preparation of J, H, K, L, and M;

1. All on-site photographs;

1. Previous records of judgment: Criminal records, inquiry reports (B), investigation reports (verification of the same criminal records of a suspect), date of final judgment of a criminal suspect, application of Acts and subordinate statutes;

1. Defendants of relevant legal provisions concerning criminal facts: Article 331(2) and (1) of the Criminal Act (the occupation of special larceny) and Articles 342, 331(2) and (1) of the Criminal Act (the occupation of attempted special larceny) of each Criminal Act;

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act; and

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act;

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant A: Article 62-2 (1) of the Criminal Act, the Act on Probation, etc.