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(영문) 인천지방법원 2018.09.19 2018고단4226

특수절도등

Text

Defendant

A shall be punished by imprisonment with prison labor for a year and two months, and by imprisonment with prison labor for a year.

one seized bags (No. 1), ..

Reasons

Punishment of the crime

1. “2018 Godan 4226- The Defendants’ special larcenyed the Defendants’ special larceny with their respective debt, with the intention of paying back their respective debt, by intrusioning on the room to steal money and valuables.

On June 5, 2018, at around 02:35, the Defendants came to the “F” operated by the victim E in Gyeyang-gu Incheon Gyeyang-gu Incheon Metropolitan City, set the entrance door at the place of the entrance, broken it out, and enter into the open door, and then, the Defendants brought one gold booming in the aggregate of KRW 3.7 million at the market price of the victim, which was displayed after breaking the glass of the display team located at that place with the network possessed by each of the following persons, and brought one gold booming in the aggregate of KRW 3.7 million at the market price of the victim.

Accordingly, the Defendants jointly stolen the property owned by the victim.

2. No person who violates the telecommunications business of a defendant A shall intermediate another person's communications or provide it for communications of a third person, using telecommunications services provided by a telecommunications business operator.

Nevertheless, on April 2018, the Defendant opened the nameless phone of G company H H company in the name of the Defendant and provided the telecommunications service provided by the telecommunications business operator by receiving KRW 20,000 in return for the opening of the pre-paid phone of G company in the name of the Defendant.

Summary of Evidence

No. 1 of the Judgment

1. Defendants’ respective legal statements

1. E statements;

1. Two crimes as to each police seizure protocol and list of seizure;

1. Defendant A’s legal statement

1. Investigation report (the result of reply to the I Warrant), the application of the I Warrant reply statute;

1. Article 331(2) and (1) of the Criminal Act (the point of special larceny), Article 97 Subparag. 7 and Article 30 of the Telecommunications Business Act (the point of violation of telecommunications business, the choice of imprisonment and punishment): Article 331(2) and Article 331(1) of the Criminal Act;

1. Defendant A who aggravated concurrent crimes: the former part of Article 37 and Article 38(1)2 of the Criminal Act.