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(영문) 대구지방법원 2016.06.23 2016고단1865
특수절도
Text

Defendant

A Imprisonment for 10 months, Defendant B and C shall be punished by imprisonment for 8 months.

However, as to Defendant B and C, this shall not apply.

Reasons

Punishment of the crime

Defendant

A, C, and B are ex post facto death known to the society.

On May 4, 2016, Defendants tried to offer money to use as debt repayment, living expenses, etc. at around 02:00, they stolen precious metals at the bar, and Defendant C driven G official strawing car, Defendant A driven a gold strawing strawing, and string off it. Defendant B entered the room and carried precious metal at that place, and the Defendants again gathered to distribute the proceeds to Defendant A at the rate of 6/10, Defendant C 1/10, and 3/10 of the proceeds received from sales of precious metal after getting off the said car and then leaving the room, and Defendant B collected to Defendant A at the rate of 6/10, Defendant C, and Defendant B at the rate of 3/10.

Accordingly, at around 05:06 on May 4, 2016, the Defendants indicated the victim I facts charged in the victim I at H at the time of Gyeongsan as “K” in the above facts charged of Defendant C driver’s car. However, K made a statement (Evidence No. 10 pages) that “J is owned by outside third village I and is the manager.” Thus, the victim is recognized as I.

Defendant C is waiting in the above car, Defendant A and B have broken the glass door with a stone and a brick prepared in advance, and Defendant A was able to report to the front room. Defendant B was 72,00,000 won of the market price, which is the victim's possession, and 72,000 won of the market price, 23,000 won of the market price, and approximately 3,60,000 won of the market price, and approximately 3,00,000 won of the market price. Defendant A and B had 1,221,00 won of the precious metal after leaving the atmosphere.

As above, the Defendants jointly stolen property.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made to K in the police statement;

1. Police seizure records;

1. CCTV closure photographs;

1. The investigation report (with regard to the reasons for calculating the amount of damage);

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