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(영문) 서울중앙지방법원 2015.04.24 2014고단8372

특수절도

Text

A defendant shall be punished by imprisonment for one year.

However, the defendant shall be sentenced to the above punishment for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 20, 2014, the Defendant, along with C (C, hereinafter, C), D (D, hereinafter D, E (E), and E (hereinafter, referred to as “E”), was passing ahead of the visibility store of “H” in the operation of the Victim G (63 years of age) located in Jongno-gu Seoul Metropolitan Government F on October 20, 2014, and was containing large amount of cash in a bank. When the Defendant returned home with the victim, the Defendant accessed the bank and distributed the bank to the victim, and then cut off the victim, and then the Defendant conspiredd with the said C, D, E, and E, and removed the victim.

At around 19:55 on the same day with C, etc., at around 19:55, the Defendant moved to C, D, and the victim together with C, when he gets her back and walked into the first way of Jongno-gu Seoul, wherein he she she she she she gets up a bank that contains a gallon juthy juthy mobile phone equivalent to KRW 900,000,000 in the market value, and a gallon juthy road equivalent to KRW 90,000 in the market value.

위 E는 부근에서 망을 보고, 피고인은 피해자 몰래 피해자 뒤에서 피해자가 입고 있던 옷의 등 쪽 여러 군데에 토마토 케찹을 묻힌 다음 손가락으로 툭툭 쳐서 피해자로 하여금 걸음을 멈추게 한 후 손가락으로 옷에 케찹이 묻어 있음을 알려 주고, 옆에 있던 C는 화장지를 꺼내 직접 닦아 주겠다는 시늉을 하며 피해자로 하여금 옷을 벗게 만든 후, 피해자가 현금이 들어 있는 가방을 길에 내려 놓은 채 케찹을 닦느라 감시 소홀한 틈을 타 피해자의 가방을 들고 갔다.

Accordingly, the Defendant stolen the property owned by the victim jointly with the above C, D, and E.

Summary of Evidence

1. Statement by the defendant in court (the seventh trial date);

1. Legal statement of witness G (the sixth trial date);

1. Records of evidence 2015 high group 1635 C (a copy of examination records of each suspect);

1. Application of each CCTV image statute;

1. Article 331 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;

1. Article 62 of the Criminal Act: