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(영문) 의정부지방법원 2015.09.07 2015고단1147
절도
Text

Acquittal of the accused shall be acquitted.

Reasons

1. Around July 19, 2014, around 02:38, the Defendant: (a) opened a door of a vehicle and stolen it with cash equivalent to KRW 50,000,00,000, in the front of the key hole of the DNA car owned by the victim C, which was parked in the front parking lot of Andong-si B apartment 202, 3-4, Dong-si; and (b) opened a vehicle in a way to enter the front key hole of the DNA car owned by the victim C; and (c) cut it.

2. According to the records, the Defendant was sentenced to imprisonment with prison labor on April 24, 2015 in the case of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Consolidation), etc. on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Aggravated Punishment, etc.”) and was confirmed on May 2, 2015, and the judgment became final and conclusive on May 2, 2015. From the above final and conclusive judgment, the Defendant: (a) habitually larceny (the name of the crime in the instant case, which is an appellate trial, was “Habitual larceny” to “Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes” and Article 331(1) of the Criminal Act to change the applicable provisions to “Articles 32, 331(2) and 341 of the Criminal Act”; (b) and (c) the Defendant and E were to enter the apartment house with the entrance of the vehicle, and (d) it was easily possible to open the entrance of the vehicle and the entrance.

On July 7, 2014, the Defendant and E have 200,000 won in cash and 100,000 won cashier's checks in cash in it by inserting the door door joints of the driver's seat and inserting the door up to the door door joints of the driver's seat.

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