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(영문) 수원지방법원 성남지원 2014.08.29 2014고단1717

특정범죄가중처벌등에관한법률위반(절도)등

Text

Defendants shall be punished by imprisonment for one year and six months.

Reasons

Punishment of the crime

[criminal record] Defendant A was sentenced to imprisonment on September 19, 2008 to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Sung-nam branch of Suwon District Court on September 19, 2008 and was sentenced to seven times in total. Defendant B had the same record as five times in total, including imprisonment with prison labor for a special larceny, etc. at the Sung-nam branch of Suwon District Court on November 25, 2010.

【Criminal Facts】

1. The Defendants were aware of the theft committed prior to the commission of theft, with the intent to make one-time deduction of money and valuables by accessing the visitors during the night hours.

피고인들은 2014. 7. 5. 00:55경 성남시 수정구 F 앞 노상에서 피해자 G이 술을 마신 채 현금 약 20만 원, 갤럭시2 스마트폰 1대, 신용카드, 신분증 및 면허증이 들어있는 시가 미상의 피해자의 가방을 품에 안고 길에 앉아 있는 것을 발견하고 피해자에게 접근한 후, 피고인 B은 주변에서 망을 보고, 피고인 A은 피해자에게 다가가 위 가방의 끈을 잡아 당겼으나, 이에 놀란 피해자가 “퍽치기야”라고 소리치는 바람에 그 뜻을 이루지 못하였다.

As a result, the Defendants attempted to steal the victim's property habitually and jointly.

2. Defendant A

A. On April 12, 2014, around 12:00 at the end of the end of 12:00, the Defendant discovered one MCM test flaps in the market where the victim in the name is lost, and found one MCM test flaps in the market.

The Defendant did not take necessary procedures, such as returning the acquired property to the victim, but did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

B. On June 1, 2014, the Defendant was on the warrant mountain park located in Sung-dong, Sung-nam-si, Sung-nam-si around 11:30, and his name was omitted.