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(영문) 춘천지방법원 2018.04.24 2018고단50

특수절도등

Text

Defendant

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

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 25, 2017, the Defendants jointly committed the crimes of the Defendants: “H managed by the victim G of the F 2th floor in Switzerland-si, Chuncheon-si, G on September 25, 2017; by taking advantage of the gap in the employees’ surveillance, the Defendants reported this network to Defendant B and I (joint Defendant prior to separation) and Defendant B (joint Defendant prior to separation), and put Defendant B into the bank where Defendant B brought about a verbal 1 turn-on, which is equivalent to KRW 132,00,000, the market price at which Defendant A was placed on the display stand; and then I disguisedd the Defendants and I by placing other signals on the display stand at the display stand in accordance with the direction of Defendant A.

After that, the Defendants and I carried out in a way that they leave the door containing the above oral statement without paying the price.

As a result, Defendants and I stolen property equivalent to the market price of 132,000 won in combination with them.

2. On October 21, 2017, Defendant A: (a) around 20:10 on October 21, 2017, the Defendant carried out a brush of the Defendant’s daily necessities managed by the J of F 1st floor victim J in Chuncheon-si; (b) one brush and one brush brush of the total market price of the 60,000 won on the display stand in which the victim’s surveillance was neglected; and (c) one brush and one brush brush of the other things by going to the calculation unit, without calculating the above brush and vibration brush.

Accordingly, the Defendant stolen property equivalent to the total market value of 60,000 won.

Summary of Evidence

1. Defendants’ legal statement

1. G and J statements;

1. The suspect interrogation protocol by the Defendants and I

1. Application of Acts and subordinate statutes to photographs of crime;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 331(2), Article 331(1) (a) and Article 329 (a) of the Criminal Act (a special larceny occupation), and Article 329 (a)

B. Defendant B: Article 331(2) and (1) of the Criminal Act (the occupation of special larceny)

1. A aggravated defendant for concurrent crimes: The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act;

1. Defendants to be mitigated of small amount: Articles 53 and 55(1)3 of the Criminal Act (Confession and reflects).