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(영문) 대전지방법원 홍성지원 2015.06.24 2015고단278

특수절도등

Text

[Defendant A] The defendant A shall be punished by imprisonment with prison labor for one year and six months.

[Defendant B] Defendant B shall be punished by imprisonment for one year.

(b).

Reasons

Punishment of the crime

1. On January 13, 2015, Defendant A’s night intrusion theft: (a) opened and intruded the toilet window of the west-gun D community hall from around 20:43 to 23:30 on the same day; (b) opened and intruded the toilet window of the west-gun D community hall; and (c) took 42-person television 1,000 won at the market price managed by the victim E at that place.

Accordingly, the defendant invadeds on residence at night and stolen the victim's property.

2. The Defendants’ co-principaled Defendants came to the G community hall in west-gun, Chungcheongnam-gun, Chungcheongnam-do, where they board the F truck from April 2, 2015 to April 201:04 on the same day.

Defendant

A has opened a window behind the above community hall and opened it, and has 45,50,000 won of the market price managed by the victim H, one television per 22,000 won of the total market price, one gas tape, one motor vehicle, and one knee knero kne-gu, one out of the community hall.

Defendant

A, while Defendant B loaded the above 45 man television, and Defendant B loaded the above 22 man television and gas bags, respectively, on the said fence, and the Defendants driven the above cargo while driving it.

As a result, the defendants stolen the victim's property together.

Summary of Evidence

【Court No. 1】

1. Defendant A’s legal statement

1. The E statement (the second fact in the market);

1. Defendants’ respective legal statements

1. Statement of the police officer to I;

1. A H statement;

1. Seizure records;

1. Application of the written estimate statutes;

1. Article applicable to criminal facts;

(a) Defendant A’s night larceny: Article 330 of the Criminal Act: Article 331(2) and (1) of the Criminal Act

B. Article 331(2) and (1) of the Criminal Code against Defendant B

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

1. Defendant B of a suspended execution: Article 62 (1) of the Criminal Act (hereinafter referred to as “contributable circumstances”)

1. Probation and community service order Defendant B: Article 62-2 of the Criminal Act.