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(영문) 대전지방법원 서산지원 2016.06.23 2016고단114
특수절도
Text

The sentence of punishment against the Defendants shall be suspended.

Reasons

Punishment of the crime

On January 30, 2016, Defendants 13:30 on January 30, 2016, the “F” in the “F” operation of victims E in Jin-si, Jin-si, Jin-si, and Defendant A entered the above gold room.

The intent of Defendant B was to steal the property owned by the victim by taking charge of the act of escaping the Defendant A who stolen the precious metal while waiting for the vehicle in the vicinity of the area, and the intention was to steal the property owned by the victim by taking charge of the act of escape from the said vehicle.

Pursuant to the above mother, Defendant B waiting to park G-bed vehicles at approximately 200 meters in the room, and Defendant A, as if she were to purchase precious metals to his employee H by entering the room, was engaged in the conduct of customers as he was able to purchase precious metals, and Defendant B stolen two net gold bullion (20 money) with the market price of 4,648,000 won in the victim’s possession on the table, which was placed on the table.

As a result, the defendants stolen the victim's property together.

Summary of Evidence

1. Defendants’ legal statement

1. A simplified E statement;

1. Application of seizure records and the list of seizure, on-site photographs, guarantee certificates, CCTV-related Acts and subordinate statutes;

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 59(1) of the Criminal Act (amended by 6 months for each of the postponed Defendants) (see, e.g., recovery of damage, victim’s wife, and Defendants’ power)

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