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(영문) 인천지방법원 부천지원 2018.06.20 2017고단2236 (1)

특수절도

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant and B conspired to steals another person's property, in which living expenses fall, while living together with the defendant and B;

1. On September 16, 2017, around 03:50 on the 03:50, Seocheon-si, the E-car owned by the victim D was found to have been parked on the 1st floor, the Defendant reported the network around the surrounding area, and the Defendant shall annually report the door of the said car that was not corrected in B, and then take the 30,000 won in cash, 30,000 won, 5,000 won, 1,2,000 won, 1,00 won, 1,000 won, and 3,000 won in market value, 1,000 won in lot, 5,000 won in gift certificates, and 3,000 won in market value, 1,000 won

They go back.

2. On September 16, 2017, the Defendant, at G 1st floor CF around 21:16, 2017, sent the horses to the employees of the location, and B, at the time of keeping the lost materials in the crepit by using the gaps in which surveillance is neglected, the victim H had been on the wall of the market price where the victim H was under custody.

Accordingly, the defendant stolen the victims' property together with B.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A protocol concerning the examination of suspect B by each prosecutor;

1. Statement made by the police against D;

1. A H statement;

1. A protocol of seizure and a list of seizure;

1. A photograph of the contents of a conversation after closure;

1. Application of Acts and subordinate statutes to investigation reports (CCTV investigation - Victims D), investigation reports (Attachment to the contents of market dialogue).

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The punishment is to be determined by comprehensively taking account of the following factors: (a) the grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act for sentencing twice; (b) the amount of damage is not much; (c) there is no criminal history prior to the instant case; (d) the Defendant’s age, occupation, sex, family relationship, living environment, circumstances leading to the commission of the crime; and (e) the conditions of sentencing as indicated in the records, such as the circumstances after the commission of the crime.