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(영문) 수원지방법원 안산지원 2019.01.25 2018고단3919

특수절도

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant, together with B, stolen the victims’ money and valuables on three occasions as follows.

1. The Defendant, along with the latter, made soup with B, set soup or sabry with the other customers to use money and goods as thefted between them, and the Defendant, at around 08:18 on May 13, 2018, at the sobry “D” bank located in Ansan-si Group C, Ansan-si on May 13, 2018, the Defendant reported the network, and B took 122,000 won in cash on the wall that the victim E set up on the side.

2. On May 13, 2018, from around 19:00 to 22:00, the Defendant discovered that the victim H was facing the key of “Lacker” in the “G” room in Ansan-si, a member of Ansan-si, and the Defendant reported the network, and the Defendant: (a) (b) (c) (d) (e) (e.g., (e., (e) (i) (i) (i) (i) (i) (i) (i) (ii) (i) (ii) (i) (iii) (i) (i) (ii) (iii) (iii) (i) (ii) (iii) (iii) (iii) (iii) (iv) (iv) (i) (iv) (iv) (

3. On May 14, 2018, at around 00:16, the Defendant discovered that the Victim K was locked in the “Jaina” located in Ansan-si Member I, Ansan-si, A, and B stolen the roud key in the victim’s field and delivers it to the Defendant, and the Defendant reported the network by opening the rogate key in the victim’s knife, and carried 150,000 won in cash on the wall.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect B by the prosecution;

1. Application of the Acts and subordinate statutes of K, E, and H;

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., reflective points, the degree of participation, and the fact that there is no other penalty power than a single fine);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);

1. It is so decided as per Disposition for the reason of not less than Article 62-2 of the Criminal Act;