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(영문) 인천지방법원 2016.06.15 2016고단1294

특수절도등

Text

Defendants shall be punished by imprisonment for six months.

However, the above judgment against the Defendants for two years from the date of this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Special larceny;

A. From February 18, 2016 to February 18, 2016 to around 22:30 of the same day, Defendants B and D, who committed the crime of February 18, 2016, cut off 2 teaching rail lines owned by the victim Seo-gu Incheon Metropolitan City from around 19:00 to around 22:30,00 of the same day, with C and D, with the network from around 19:0 to around 22:30,000, in the vicinity of Incheon Seo-gu, Seo-gu. Defendant B and D reported the network in the surrounding area; Defendant A, and C, with the labing lab (30cc in the length of 10cm) using a lab saw (30cm in length) to various sculptures (2 meters in length, 10cm in diameter) and carried out a cut c, cut off along with C and D, loaded E cargo.

B. The Defendants, from February 19, 2016 to February 20, 2016, cut off the above intersection railing, cut off to a large angle of railing on the part of the victim from February 19, 2016 to around 23:30 on the same day, with C and D, at the place of paragraph 1, from around February 19, 2016 to around 23:30 on the same day, and Defendant B and D reported the network in the surrounding areas, Defendant A and C spreaded and cut off to a large angle of railing on the part of the victim (30cm in length) using a hacksaw (10cm in length, approximately 2 meters in length, and 10cm in diameter).

As a result, the Defendants stolen the property amounting to KRW 1,695,00 in the market price owned by the victim two times together with C and D.

2. On February 20, 2016, at around 00:30 on February 20, 2016, Defendants 2 and D attempted to larceny with C and D, and 1,000,00,000 Seo-gu, Seo-gu, Incheon, Seo-gu, Seo-gu, Seo-gu, Incheon. Defendant B and D attempted to commit a wind with the police officer who was patroled at the place of 1,000 square meters of the Victims owned by the victim with the hack-to-k.

As a result, the Defendants attempted to steal the victim's property in collaboration with B and D, but attempted to commit it.

Summary of Evidence

1. Defendants’ legal statement

1. A protocol concerning the examination of suspect of the police against C or D;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes, such as seized articles and field photographs;

1. Article 331(2) and Article 331(1) of the Criminal Act (special larceny), Article 342 of the Criminal Act, Article 331(2) of the Criminal Act concerning criminal facts.