beta
(영문) 부산지방법원 동부지원 2018.10.10 2018고단1551

특수절도

Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of one year.

Slovas type slovas, seized trifa.

Reasons

Punishment of the crime

[criminal history] On April 19, 2013, Defendant A was sentenced to five years of imprisonment with prison labor for special larceny at the Jeonju District Court, and the execution of the sentence was terminated at the second intersection of North Korea on December 14, 2017. Defendant B was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act at the Suwon District Court on February 20, 2018 and completed the execution of the sentence in the Jeonju District Court.

[Criminal facts] The Defendants were aware of the execution of punishment in the previous prison, and the Defendant A had been viewed in advance as the place of crime, and the Defendant A conspired with the Defendant with the object and the object stolen together with the object.

On July 14, 2018, at around 01:37, the Defendants reported the network of Defendant B at the “E” operated by the victim D in Suwon-gu, Busan-gu, to the roads adjacent to the above shop, and Defendant A opened the locking system of the entrance and opened the locking system of the above room with no stripping (one 'one 'one '), and had 50,000 won of tobacco and 370,000 won in cash, which are owned by the victim at the location.

As a result, the defendants stolen the victim's property together.

Summary of Evidence

1. The legal statement of Defendant A and some of Defendant B’s legal statement

1. The witness A’s legal statement (defendant B)

1. Statement made by the police against D;

1. A protocol of seizure and a list of seizure;

1. 38 copies of a photograph of a CCTV course and spatially comparative photographs on the spot;

1. Investigation report (the date and time of crimes, the appearance of suspects, vehicle description);

1. 판시 전과 : 각 범죄 경력 조회 서, 각 개인별 수용 현황, 수사보고( 피의자 A의 동종 전과 확인), 판결 문 3부 [ 피고인 B은 피고인 A으로부터 바람을 쐬자는 이야기를 듣고 이에 응하여 피고인 A이 운전하는 차량에 탑승하였고 수면제 복용으로 인하여 차량 안에서 졸다가 차량이 멈춘 경우 나와서 담배를 피우거나 소변을 보았을 뿐, 이 사건 절도 범행에 가담하거나 피고인 A이 절도...