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(영문) 서울북부지방법원 2016.07.27 2016고단1004

절도등

Text

Defendants shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Joint crimes committed by the Defendants

A. From March 10, 2016, around 02:55-03:20 on March 10, 2016, the Defendants added 1.50 to the “F” operated by the victim E in Seongbuk-gu Seoul, Seongbuk-gu Seoul, the victim E, and the Defendant B added satisfy satfyings by pre-preparation and satisfying against the victim’s market price. Defendant A added approximately 1.50 to the satisfys at the satfy, the victim’s market price.

As a result, the Defendants committed a theft of another's property jointly.

B. The Defendants continued to move approximately 50 meters away from the above day-to-day border, the above F and the victim G to “H” operated by the victim G, and there is any gap in the surrounding area; Defendant B attached a arbitrative lock locking device by pre-preparation and rejection thereof; Defendant A added 13 ma in a arctic le, such as light light, the victim’s market price, at a arctic 300,000 won.

As a result, the Defendants committed a theft of another's property jointly.

2. Defendant A

A. On December 15, 2015, the Defendant came to the above F in Seongbuk-gu Seoul, Seongbuk-gu, Seoul around December 15, 2015, and took a cover of a water tank with a stringr and a 6 mar equivalent to 150,000 won at the victim’s market price.

B. On February 23, 2016, around 04:27, the Defendant was operated by the victim J in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, and was stolen with only 60,000 won at the market price, which was located in the front display stand.

Summary of Evidence

1. Defendants’ legal statement

1. Statement made by the police to J;

1. Each written statement of E and G;

1. Application of Acts and subordinate statutes to a report on investigation (in-depth photographs, etc.);

1. Defendants of the relevant legal provisions concerning criminal facts: Article 331(2) and Article 331(1) of the Criminal Act; Defendant B: Article 329 of the Criminal Act

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

1. Reduction of a small amount under Articles 53 and 55 (1) 3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act for the suspension of execution;

1. The Criminal Act for the observation of protection;