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(영문) 대전지방법원 서산지원 2019.01.23 2018고단1165

특수절도등

Text

Defendant

A Imprisonment with prison labor for one year, and for six months, for Defendant B.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A’s thief Defendant from around September 26, 2018

9. From the end of 27. 01:30 to the end of Seosan City, the victim D's indictment is stated as K in the bill of indictment, but it appears to be a clerical error. Thus, after correcting the criminal facts, the victim D, who was parked on the front of the Seosan City, opened a door that did not correct the E-car, which is the owner of the E-car, and cut off with the cash of 2.60,000 won, which is the victim'

2. On October 2018, the Defendants’ special larcenyed the following: (a) while drinking alcohol together at the residence of the Defendant F and G in Nam-gu, Incheon; (b) Defendant A proposed that Defendant B “only drive the vehicle in which it is difficult to live, with the vehicle in Seognsan, that the vehicle is stolen, and will divide by 40% of the stolen goods.” (c) Defendant B consented to this.

Accordingly, on October 2018, the Defendants discovered the JA car of the victim who was parked by the victim I on the road in front of the Hamsan City, Seosan-si, where Defendant B was boarding the car driven by Defendant B, and the defendant A opened the above vehicle which was not corrected and has one hand, such as cash of 60,000 won in cash and 30,000 won in market value, which is the victim I owned by the victim I in that vehicle, and went through the car of the defendant B, who was waiting in the nearby area.

Accordingly, the Defendants, in combination with the above, stolen the victim I's property, and did not commit an attempted crime since that time, 13 victims of total sum of 2,121,50 won of the market price from 13 victims, such as the list of crimes in the annexed sheet.

Summary of Evidence

1. Defendants’ legal statement

1. Each statement;

1. Application of each photograph, seizure record, and list statutes;

1. Relevant legal provisions concerning criminal facts and defendant A who has selected punishment: Article 331(2) and (1) of the Criminal Act (the occupation of special larceny), Articles 342 and 331(2) and (1) of the Criminal Act (the occupation of attempted special larceny) of the Criminal Act, and the Criminal Act;