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(영문) 서울중앙지방법원 2014.04.30 2014고단1354

특수절도등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. At around 02:30 on June 13, 2013, the Defendant and C did not reach the Fluxe controlled by the victim E in light-si, and the Defendant reported the network around the said luxe, and C opened the luxe door and colored the goods in light of the fact that there was no cash in the said area.

Accordingly, the defendant tried to steal the victim's property in collaboration with C, which was attempted to commit the attempted crime.

2. At around 03:30 on the same day, the Defendant and C attempted to open the king entrance and to have the king door and to remove goods from the place, and thus, the Defendant did not have the intent to dismiss the said victim, even though the Defendant and C attempted to have the said wing door opened and set up, and did not have the intent to remove the said door.

Accordingly, the defendant tried to steal the victim's property in collaboration with C, which was attempted to commit the attempted crime.

3. The Defendant and C around July 9, 2013, around 01:45, at the “L” food sales stores operated by the Victim K in Gwangju-si, J, and C opened an entrance through their spaculing machine, and the Defendant went back to the entrance around the vicinity through the above entrance.

The defendant taken up the amount of KRW 50,000 in the market value of the victim who was in his place, and KRW 370,000 in cash, which is the victim's possession, from the wall where he had been in his state.

As a result, the Defendants stolen the victim's property together with C.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against the accused and C;

1. Each police statement to K and E;

1. A H statement;

1. The photographic of the visual data of the damaged site and CCTV, A mobile phone photographs, photographs of the damaged site and CCTV images, and the Acts and subordinate statutes governing the damaged site photographs shall apply 1.