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(영문) 수원지방법원 2016.03.25 2015고단5337

특수절도

Text

Defendants shall be punished by imprisonment for six months.

However, with respect to Defendant B, the period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

A was released on June 30, 2014 when he/she was sentenced to imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Chungcheong District Court around September 28, 2012, and was sentenced to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Chungcheong District Court around September 28, 2012, and the parole period on October 5, 2014 expired. Defendant B was sentenced to a suspended sentence of six months for a special larceny, etc. at the Suwon District Court around November 18, 2015, and the said judgment became final and conclusive around November 26, 2015.

1. On August 16, 2015, the Defendants found a ice cream box installed at the place of “D” store operated by the injured party who was unable to know the names in Suwon-si, Suwon-si, Suwon-si, which was operated by the injured party, around 01:0 on August 16, 2015. Defendant B entered iron plates, which was not corrected on the left side of the above ice cream, and Defendant A collected approximately 10 ice cream creams, including 5,000 won in total market value by inserting his hand in the cresh.

In addition, it was stolen together.

2. On August 16, 2015, the Defendants committed the crime against the victim E committed the crime in front of the “G” store located in the Young-gu, Suwon-si, Suwon-si, which is located in F, the victim E, discovered the H Poter vehicle equivalent to KRW 5,00,000 at the market price of the victim E in that place, open an unrecepted vehicle, and Defendant A entered the steering place, and Defendant B used the key of the above Poter vehicle in that place, thereby cutting down the property owned by the victim by driving the said vehicle.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement prepared by E;

1. Each image of a ice thief photograph;

1. Previous convictions: Application of respective Acts and subordinate statutes written in replys to inquiries, such as criminal history, and written investigation reports (Attachment to decisions, etc. on suspects);

1. Defendants of the relevant legal provisions concerning criminal facts: Articles 331(2) and 331(1) of the Criminal Act

1. A aggravated defendant for a repeated crime: Article 35 of the Criminal Act;

1. Defendant B who handles concurrent crimes: After Article 37 of the Criminal Act, Article 39 (1);

1. Aggravation concurrent crimes;