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(영문) 창원지방법원 2019.02.15 2018고단3229
특수절도등
Text

Defendants shall be punished by imprisonment for eight months.

However, from the date of the conclusion of the judgment, each of the above two years against the Defendants.

Reasons

Criminal facts

In order to establish the drinking value as a kind of friendship, the Defendants sent the door of a vehicle parked on the roads of the Trho-dong in the Kimhae-si, Kim Jong-gu, and found the vehicle in which the door of the vehicle is opened, one name reported the net, and the other name conspireds to steals the object by destroying the inside of the vehicle.

1. On September 2, 2018, from around 02:00 to 03:00, the Defendants: (a) discovered that the victim C’s D Cargo doors were opened while entering the front door of a vehicle parked in the front door at the same place; (b) Defendant A reported the network in the vicinity; and (c) Defendant B opened a door and opened a door to the front door, and carried a franchisive tobacco 1 A, the market value of which is equivalent to KRW 4,500, the victim’s possession on the side of the driver’s seat.

2. The Defendants, while entering the door of a vehicle parked on a random basis as above at the time and place as referred to in Paragraph 1, discovered the door of the victim E’s Fcar, and Defendant B reported the network in the surrounding area, and Defendant A had one cigarette per minute and 6,920 won for tobacco to be 45,000 won at the market price owned by the victim in the vehicle.

3. The Defendants, together with paragraph 1, tried to open the door of the victim G H, I, J vehicle, victim K L vehicle, victim MN vehicle, victim P vehicle, and victim O P vehicle parked on the road in front of the Dong Sin-si, Kim Jong-si, Kim Jong-si, and tried to carry the money and valuables owned by the victim. However, the Defendants failed to carry the purport because there was no door.

As a result, the Defendants committed a theft of or attempted to commit a theft of the victims' property.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement of G, C,K, M,O, and E;

1. Application of Acts and subordinate statutes to each protocol of seizure and the list of seizure;

1. Defendants of relevant legal provisions concerning criminal facts: Articles 331(2) and (1) of the Criminal Act (the occupation of special larceny) and Article 342 of the Criminal Act.

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