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(영문) 수원지방법원 안산지원 2016.07.13 2016고단1249

특수절도등

Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

However, the two years each from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A living together with the victim C from November 2007 to April 201, 201, at the victim’s residence located in Ansan-si 1301 Dong-gu 14, Ansan-si, Seoul-si, and the Defendants were living in the Defendant’s residence from October 201 to January 2014.

The Defendants, on April 201, when the victim was detained in China and could not return to Korea for a long time, had the victim stolen goods from the victim’s residence and used the said residence without the victim’s consent.

1. Joint crimes committed by the Defendants

A. From November 19, 201, at around 18:30 on November 19, 201, the Defendants entered the above victim’s residence, and Defendant A opened a door by entering the password known in advance, and all the Defendants entered the kitchen, and stolen it by having a 60,000 won of the victim’s house in the kitchen.

Accordingly, the Defendants jointly stolen the amount of KRW 60,000,000,000.

B. The Defendants in collusion, and even though they did not consent to the victim’s residence on August 2012, Defendant A knew that Defendant B knew of the fact.

The E Husband and wife agreed to the defect in the above victim's house, and the Defendant B entered the password of the victim's house, which was known in advance, and let the above E couple enter the victim's house, and let the above E couple enter the above E couple within one week, and made it implied at the victim's house.

As a result, the Defendants conspired to infringe upon the victim’s residence.

2. Defendant A, around September 30, 201, entered the said victim’s residence with the method referred to in Article 1-1(a) and stolen it, with the air conditioners, kimchi air conditioners, franchising stations, franchising stations, and electricity market prices in the said place.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police against C;

1. Application of the photographic Acts and subordinate statutes;

1. Defendant A of the pertinent Article of the Criminal Act concerning criminal facts: Article 331(2) of the Criminal Act.