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(영문) 인천지방법원 부천지원 2017.12.21 2017고단2731

특수절도등

Text

A defendant shall be punished by imprisonment for six months.

However, the defendant shall be sentenced to the above punishment for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant, B, and C are friendship-gu as a middle school and junior high school.

1. Special larceny;

A. On May 26, 2017, the Defendant and B had been part-time in the above PC room operated by the victim E in Kimpo-si, Kimpo-si on May 26, 2017.

C B B B B between the smoking room in front of the Kabter, and the Defendant take up KRW 20,000 in cash, which is the victim’s possession, at the safe where B was in the Kabter.

They go back.

As a result, the defendant and B stolen the victim's property together.

B. On July 14, 2017, at around 21:59, the Defendant came to know of the fact that B received a request from the said C to leave a locker from the said C at the PC room as stated in the above paragraph 1-A, the Defendant conspired B and tobacco 2 A to bring them out of the above shop and to calculate only the price of A, and then, to calculate only the price of B and tobacco 1,50 won at the victim E-owned market.

The ship 2 A has been drying to B, had B calculate only the price of the tobacco 1 A, and had 2 A of the said tobacco.

As a result, the defendant and B stolen the victim's property together.

2. On July 15, 2017, at around 04:56 around 04:56, the Defendant: (a) carried out a canal and coffee equivalent to KRW 1,300, the market price of the victim E-owned by the victim, using the PC located in the PC as described in paragraph (a) of 1,300.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. Each police statement protocol with respect to E and C;

1. Details of accusation, sale of goods, and Kakao Stockholm transmission;

1. Application of each statute on photographs;

1. Relevant provisions of the Criminal Act and Articles 331(2) and 331(1) of the Criminal Act (the point of special larceny) concerning criminal facts, and Article 329 of the Criminal Act (the point of intention and the choice of punishment by imprisonment);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62(1) of the Criminal Act 1.