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(영문) 의정부지방법원 2015.12.11 2015고단2323

특수절도등

Text

Defendant

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

However, this judgment is delivered to Defendant A.

Reasons

Punishment of the crime

1. On November 23, 2014, Defendant A was carrying a truck driven by Defendant B, with a F factory operated by the victim E in Pocheon-si around 06:00 on November 23, 2014, and carried a truck on the side of a factory hushes.

Defendant

A, after taking the password of a factory locking device, the Defendants entered the factory together with the defendants, with four dried dried 4, 50 straw straw 50 straw straw straw straw straw straw 2, 2 straw straw straw straw straw straw straw straw straw straw straw straw straw 2.

As a result, the Defendants stolen the property owned by the victim (the amount equivalent to KRW 1,062,00) together.

2. At around 14:00 on Nov. 1, 2014, Defendant A: (a) had the victim E at the (ju) H factory cooperation room located in Macheon-si, and caused Defendant A to steals with a pipe 20 and a 10 work safety launch plate (a total of 3.50,000 won) that he/she owned by the victim; and (b) had the victim E with a pipe 20 and 10 work safety launch plate (a total of 3.50,000 won).

Summary of Evidence

1. The defendant A's partial statement

1. Examination protocol of Defendant A by the prosecution;

1. Examination protocol of the police suspect against Defendant A (second time);

1. Each police interrogation protocol against J and I;

1. Statement to E by the police;

1. The list of seizure;

1. The Defendants and their defense counsel asserted that there was no conspiracy with Defendant B regarding the crime under Paragraph 1 of the judgment.

However, in light of the following circumstances acknowledged by the record, even though Defendant A made a statement to know about Defendant B at the time of committing the instant crime, Defendant B is deemed to have been aware of the fact that Defendant B was involved in the instant crime, so the Defendants and their defense counsel’s above assertion is without merit.

(1) The date and time of committing the crime shall be at least six clocks from the new wall of Sundays, and a factory shall be established at Doz.