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(영문) 광주지방법원 2016.03.10 2015고단4672
특수절도등
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

1. Around May 8, 2015, the Defendant, along with C, gathered with C to steal money and valuables by entering a third party’s vehicle in order to prepare for living expenses. On May 8, 2015, at the parking lot of the E Reading Office located in Gwangju Seo-gu, Gwangju, the Defendant entered the vehicle of the victim’s name unclaimed, and brought 900 won in cash and one unexponed item in the market price.

Accordingly, the defendant stolen the victim's property together with C.

2. Around May 8, 2015, the Defendant, along with C, gathered with the victim F, to steal money and valuables by entering another person’s vehicle in order to prepare for living expenses. On May 8, 2015, the Defendant, at around 02:45 on May 8, 2015, left the knife of the victim F knife vehicle owned by the victim F, but did not steals money and valuables.

As a result, the defendant tried to steal another's property in collaboration with C, but did not achieve that intention, but did not commit an attempted crime.

3. Around May 8, 2015, the Defendant, along with C, gathered with the victim I to steal money and valuables by entering another person’s vehicle in order to prepare for living expenses. On May 8, 2015, the Defendant: (a) around 02:45 on May 8, 2015, left the knife of the victim I’s knife on the Seo-gu, Seo-gu; (b) but did not steal money and valuables.

As a result, the defendant tried to steal another's property in collaboration with C, but did not achieve that intention, but did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. A written statement of F and I;

1. Application of Acts and subordinate statutes to records of seizure, list of seizure and photographs;

1. Relevant provisions of the Criminal Act and Articles 331(2) and 331(1) (a) of the Criminal Act (a point of special larceny) concerning facts constituting an offense, and Articles 342, 331(2) and 331(1) of the Criminal Act (a point of attempted special larceny in each case);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55(1)3.

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