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(영문) 의정부지방법원 고양지원 2016.11.17 2016고단1855

특수절도등

Text

Defendant

A Imprisonment with prison labor for one year, for one year, for one year, and for one year and six months, for each of the defendants C.

(b).

Reasons

Punishment of the crime

[Attempted Crime C] Defendant C was sentenced to one year of imprisonment with prison labor for special larceny, etc. on November 13, 2014, and was released from prisons of medical institution on August 15, 2015.

[2016 Highest 1855, 2016 Highest 2470]

1. The Defendants’ special larceny and attempted special larceny around 04:0 on June 17, 2016: (a) around 04:00 on the part of the Defendants were “G cafeteria” operated by the injured Party F in E; (b) Defendant B reported the network in front of the said restaurant; (c) Defendant C intruded with the main window opened at the cafeteria, and had a total of KRW 150,000,000, including one copy of the check, cash 50,000, and one hundred and fifty thousand won, which is the victim’s possession at the cafeteria without the cafeteria. Defendant A waiting for the said restaurant. Defendant B and C, waiting for the said cafeteria-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-k-k-k-k-k-k

As a result, the Defendants, together, attempted to steals or steals the victims’ property over 10 times in total, including the theft of the property owned by the victim from June 16, 2016 to June 21, 2016, as stated in each crime sight table (the same crime sight table as the Defendants were indicted after the division and consolidation of the defendants, constituted two crimes sight table for each of the defendants).

2. 피고인 C의 폭력행위등처벌에관한법류위반(공동폭행) 피고인은 평소 알고 지내던 I과 함께 2016. 4. 22. 04:30경 파주시 J에 있는 K 앞 도로에서, 피해자 L(17세)가 오토바이를 타고 I의 차량 앞을 가로막고 약을 올리자 화가 나 I은 차량을 세우고, 피고인은 차량에서 내려 손으로 피해자의 얼굴을 약 2회 때리고 발로 피해자의 다리를 1회 걷어찼으며, I은 손바닥으로 피해자의 얼굴을 약 4회 때리고 발로 피해자의 다리를 약 2회 걷어찼다.

Accordingly, the defendant assaulted the victim jointly with I.

[2016 Highest 2832]

3. Defendant B and C’s co-principal conduct

(a) special larceny 1.