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(영문) 수원지방법원 2016.05.18 2016고단1153

특수절도등

Text

Defendants shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

Defendant

On April 24, 2013, A was sentenced to imprisonment of one year and nine months with prison labor for special robbery, etc. at the District Court, and the execution of the sentence was terminated on September 6, 2014. On April 3, 2012, Defendant B was sentenced to imprisonment with prison labor and one year and six months for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Western District Court, and completed the execution of the sentence on August 4, 2014.

From February 14:00 on February 21, 2016 to the “F church” managed by the victim E in Osan City from around 14:00 to the “F church” managed by the victim E, Osan City, by opening a door by using those in which the entrance of the above church is not locked, and leaving the door to the cash in that place, the Defendants shall collect KRW 25,00,000, the cash possessed by the victim in cash box.

In addition, from March 10, 2016 to March 10, 2016, a total of 4,260,000 won of cash or articles was stolen through 12 times in total, as shown in the List of Crimes Nos. 1 to 12 attached hereto, and a total of 13 to 21 times as shown in the List of Offenses Nos. 13 to 21, but it was not committed and attempted.

As a result, the Defendants jointly stolen another person's property over 12 times in total, and stolen another person's property over nine times in total, but did not commit any attempted crime.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of the Defendants to the prosecution

1. Statement made by the police on the police;

1. Each statement (G, H, I, J, K, L, M, N, P, Q, Q, B, R, E, S, T, V, W, X, and Y);

1. Each protocol of seizure and list of seizure of the police and a report on the results of inspection at each site;

1. All on-site photographs, CCTV photographs of the Z church;

1. Previous convictions: Application of a reply to inquiries, such as criminal history, and application of Acts and subordinate statutes to each investigation report (Attachment to decisions by each defendant, etc., reporting of the period of repeated crimes by

1. Articles 331 (2) and (1), and 342 of the Criminal Act (each joint larceny and attempted larceny) concerning facts constituting an offense;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;

1. Aggravation concurrent crimes;