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(영문) 수원지방법원 여주지원 2019.05.24 2019고단269

특수절도

Text

Defendants shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A was sentenced to six months of imprisonment with prison labor for special larceny at the Suwon District Court on January 16, 2019, and the said judgment became final and conclusive on March 22, 2019. On January 16, 2019, Defendant B was sentenced to a maximum of eight months of imprisonment with prison labor for special larceny, etc. at the Suwon District Court on January 16, 2019, and the said judgment became final and conclusive on March 22, 2019.

The Defendants prepared criminal tools, such as C, D, and cut machines, moved along with vehicles, and conspired to destroy a money exchange box, etc. and to steal cash in the scene of crime, such as scambling, etc., Defendant B driven a motor vehicle with a siren, Defendant A purchased criminal tools, such as cutting machines, drums, and rubbers, and C and D shared their respective roles to steal cash by entering the place of crime with a criminal tool.

Defendants, C, and D, around 03:50 on August 3, 2018, moved a vehicle driven by Defendant B while getting on and moving the vehicle, and then going to the vicinity of the “G” type of the victim F operation in E at Sihhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh, the Defendants waiting in the vicinity of the mountain station located at Sinhhhhhhhhhhhhhh after leaving C and D, and enter C and D, with the criminal implements prepared in advance, enter the entrance, and reported the network at the entrance, and C kept the drhhhhhhhhhhhhhhh from the part of the monetary exchange unit to close it, and D opened the money exchanger by hanging it with the rubber net, and D went to the extent of KRW 800,000 won in cash owned by the victim in that part.

Accordingly, the Defendants stolen the property owned by the victim jointly with C and D.

Summary of Evidence

1. Defendants’ legal statement

1. A written statement;

1. An inquiry report, such as each criminal history;

1. Application of Acts and subordinate statutes to investigation reports (the fact that a suspect is finally affirmed in cases A and B);

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

1. The latter part of Article 37 of the Criminal Act for the treatment of concurrent crimes;