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(영문) 수원지방법원 안산지원 2018.08.16 2018고단1903

특수절도등

Text

[Defendant A] The defendant shall be punished by imprisonment with prison labor for ten months

[Defendant B] The defendant shall be punished by imprisonment with prison labor for ten months

except that this shall not apply.

Reasons

Punishment of the crime

1. Defendants A and B committed the joint crime at the “G” restaurant operated by the Victim F in Sinung-si between May 20, 2018 and 03:26 to October 04:10. Defendant B: (a) installed the above restaurant entrance and damaged the locking device; (b) reported the network around the restaurant; and (c) Defendant A entered the restaurant through the open entrance, with one credit cooperative equivalent to KRW 100,000,000,000 in cash, with the market price of KRW 480,000,000,000.

As above, the Defendants, together with the aforementioned joints, did not commit an attempted theft of property amounting to KRW 958,00 in total or property amounting to KRW 958,00 on five occasions from August 2017 to May 20, 2018, including the theft of victim F’s property. The Defendants did not commit an attempted theft of property amounting to KRW 958,00,000.

2. On April 21, 2018, from around 03:58 to around 04:11, the Defendants committed the joint crime committed by the Defendants, at the “J” restaurant operated by the victim I located in Ansan-si H, the Defendant C reported the network around the Defendant C, and Defendant A and B opened the said entrance and entered into the said restaurant by putting the said entrance at hand by putting the strings of the said restaurant entrance, and then, they cut down with one safe of KRW 50,000,000 at the market price of KRW 20,000,000,000.

The Defendants, together with the above, stolen the victim I’s property.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. Each police statement made to F and K;

1. Application of each statute of L, M, N, K, I, andO

1. Relevant legal provisions pertaining to criminal facts A and B: Articles 331(2), 331(1), and 324 of the Criminal Act: Articles 331(2) and 331(1) of the Criminal Act

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

1. Small-scale mitigated Defendants: Articles 53 and 55(1)3 of the Criminal Act;

1. Defendant B and C: Each criminal law.