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(영문) 대구지방법원 안동지원 2019.05.22 2019고단118
특수절도
Text

Defendants shall be punished by imprisonment for one year and eight months.

Reasons

Punishment of the crime

[Criminal Power] On February 4, 2013, Defendant A was sentenced to 8 years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a fine of 500,000 won by the Daejeon High Court on April 26, 2013, and the reexamination began after the said judgment became final and conclusive on April 26, 2013, and on November 6, 2015, Defendant A was sentenced to 8 years of imprisonment with prison labor for habitual special larceny, etc. and 50,000 won of a fine and completed the execution of the sentence in Busan Prison on December 2, 2018

Defendant

B On March 26, 2015, the Seoul High Court sentenced four years and six months of imprisonment for habitual special larceny, etc., and completed the execution of the sentence in the Busan Prison on October 18, 2018.

[Criminal Power] In order to raise living expenses, etc. for the apartment that the Defendants came to know during the confinement of the Busan Correctional Institution, the Defendants attempted to intrude into the apartment house and to steal money and valuables. Defendant A reported the network around the surrounding area, and Defendant B decided to take charge of theft of property by intrusion into the vacant house.

At around 19:30 on March 12, 2019, the Defendants came to the “C Apartment at Permanent Residence”, and around 19:30 on March 12, 2019, Defendant A her walked around the apartment and her network, Defendant D followed the first floor air-conditioner system installed behind the said apartment E-dong, followed the said apartment G, and her second floor bed and stolen, with two gold-halfs and two gold-frames, from which the market price on the part of the victim in the inside of the said apartment zone cannot be ascertained, and the market price on the part of the victim in the inside of the said apartment zone is unknown.

Accordingly, the Defendants committed a theft of the property owned by the victim jointly.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement of the F;

1. Details of currency;

1. Photographss of each on-site photograph, on-site identification photograph, and of each CCTV image to take a course;

1. Previous convictions: The application of criminal records, criminal records (A), court rulings, the current status of personal confinement, and investigation reports (reports on suspect's repeated crime confirmation) Acts and subordinate statutes;

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

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