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(영문) 전주지방법원 2016.06.08 2016고단303

특수절도

Text

The sentence of sentence against the defendant shall be suspended.

A seized banking machine bicycle, a smart exhaustr bicycle, and a bicycle rider (a certificate. ...).

Reasons

Punishment of the crime

The Defendant, at the time of committing each of the following crimes, had weak ability to distinguish things or make decisions due to unclearness and spirit delay (total intelligence 62, social age 9, social index 64).

1. Around September 2015, Defendant D, a special thief Defendant and joint Defendant D conspired to cut off another person’s bicycles on and around September 2015, and returned to the same day, and the subject was colored, around 12:00 on the same day, following the North Korean University’s life room located in Geumjin-gu, Geumdong-gu, Seoul. Around 12:00 on the same day, Defendant discovered two unbanks and two smart riders around the market price, the victim who was corrected in the bus storage stand near the bus parking lot in question, is the victim’s non-name, and the Defendant cited the smart line as a neighboring parking lot, and the joint Defendant D used the banking machine as a neighboring parking lot.

Accordingly, the defendant and the joint defendant D stolen the above two bicycles together.

2. 2016. 1. 4. 경 특수 절도 피고인과 공동 피고인 D은 2016. 1. 4. 14:30 경 전주시 완산구 맏내 4길 20에 있는 충무 교회 앞에 이르러, 그 곳 도로에 앞바퀴가 시정되어 있는 피해자 E 소유인 시가 18만 원 상당의 하이브리드 자전거 1대를 발견하고, 공동 피고인 D은 주변에서 망을 보고, 피고인 A은 위 자전거를 들고 갔다.

Accordingly, the defendant and the joint defendant D stolen the above bicycle jointly.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of suspect against the defendant D;

1. Police statements of the defendant and D;

1. Police statements of E;

1. Each protocol of seizure and the list of seizure;

1. Bicycle photographs and estimates;

1. Application of Acts and subordinate statutes of each investigation report;

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

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical drugs;

1. The former part of Article 37 of the Criminal Code, and Article 38.