(영문) 대구지방법원 2018.04.24 2018고단441

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(영문) 대구지방법원 2018.04.24 2018고단441

특수절도미수등

Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of one year.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

On April 29, 2016, Defendant A was sentenced to a maximum of one year and six months of imprisonment for special larceny, etc. at the Daegu District Court, and on August 3, 2017, Defendant A completed the execution of the sentence.

Criminal facts

1. On January 13, 2018, around 15:28, Defendant A committed the single crime of Defendant A: (a) at the PC in the operation of the victim’s PC in Daegu Suwon-gu, by stealing the cash in the calculating unit; (b) at the food room following the accounting unit in order to steal the employee, who was waiting for the string of his/her employees to go to the customers; (c) opened a door in the account unit in which he/she had been unlocked the place in order to bring him/her to the customer; and (d) brought him/her a theft of KRW 1 million in cash on the spot. On January 16, 2018, the Defendants committed the joint crime (special larceny) by the Defendants, who had been aware of two years ago, stolen money and valuables by entering the bank, and reported the Defendant’s money and valuables to the Defendant’s money and valuables to the Defendant’s money and valuables installed in the nearby opening of the entrance of the victim at around the Defendant’s entrance.

As a result, the Defendants jointly attempted to steal the victim's property.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police to F, I, and J;

1. A protocol of seizure and a list of seizure;

1. A report on investigation (a CCTV verification for committing a crime);

1. Previous convictions in judgment: Application of a reply letter to inquiry, such as criminal history;

1. Relevant provisions of the Criminal Act and subparagraph A of the option of punishment against the crime: Articles 331(2), 331(1), and 342 of the Criminal Act (the attempted special larceny), Article 329 of the Criminal Act (the intention of Section 329), Defendant B: Articles 331(2) and (1), and 342 of the Criminal Act (the point of attempted special larceny);

1. A aggravated defendant for a repeated crime: Article 35 of the Criminal Act;

1. Defendant B: Article 2 of the Juvenile Act.

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