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(영문) 전주지방법원 정읍지원 2018.11.13 2018고단397

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 July 27, 2018, at around 23:00, the Defendants reported the network around the front of the Dolle Down-gun, North Korea, and Defendant B, the Defendant: (a) committed theft of KRW 2810,000,000 in total, from around that time to August 9, 2018, in total, on six occasions, of cash owned by the victims, as shown in the attached Table (1) by entering and departing from a parked vehicle; and (b) by carrying with the goods located therein, Defendant A stolen cash in the Fpoter, owned by the victims; and (c) from that time, the Defendants jointly stolen the total amount of KRW 2.81,00,000 in cash owned by the victims.

2. From August 7, 2018, the Defendants attempted to larceny money and valuables on the roads in front of the Ganando-gun, North Korea on August 7, 2018, at around 01:08, Defendant B reported the network around the surrounding areas, and Defendant A attempted to jointly commit a theft by entering the victim H-owned I cargo vehicle, which was parked at the same time by the means of the Defendant A’s knifeing the knife, and attempted to steals money and valuables from around that time to August 8, 2018, by combining the money and valuables owned by the victims at least eight times in total, such as the daily chart (2).

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement of J, K, L, M, E, N, H, P, Q, R, S, and T;

1. Reporting on occurrence of a disaster;

1. A report on investigation (in cases of special larceny and attempted special larceny and cases of confirmation of damaged vehicles);

1. A criminal investigation report (the attachment of photographs of the suspect taken in an closed circuit around the place of occurrence and cases of proof of the same person);

1. Investigation report (suspect B's clothes and cases of confirmation of shoes);

1. Application of Acts and subordinate statutes to report on investigation (the date and time of solicitation for committing a crime and the date and time correction thereof);

1. Articles 331(2) and 331(1) (a) of the respective Criminal Act concerning criminal facts; Articles 342, 331(2) and 331(1) of the respective Criminal Act (a person who attempted special larceny)

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act

1. Articles 53 and 55(1)3 of the Criminal Act to mitigate small amount (the Defendants)

1. Suspension of execution (the Defendants).