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(영문) 서울남부지방법원 2017.01.18 2016고단4292
특수절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2016 Highest 4292] The Defendant, along with C and D, found a Glearning car owned by the victim F at the Guro-gu Seoul E parking lot between around 02:30 on July 17, 2016 and around 03:00 on the same day, and D shall report the network, and the Defendant and C shall open a door of the said car which was not corrected, and shall collect KRW 1,000 in cash owned by the victim.

They go back.

The Defendant, together with C and D, stolen money and valuables equivalent to KRW 362,00 in total at the market price, as stated in the No. 5 of the attached crime list, and stolen one vehicle key and 10,000 in cash together with C, as shown in the No. 5 of the attached crime list.

[2016 Highest 5445] around 02:00 on October 16, 2016, the Defendant discovered (I) the market price of the victim H owned by the victim, which was parked in the middle of 14-ro 14, Guro-gu, Seoul, about 16:00, to find out (I), reported to the network in the vicinity of C, J, K, and L, and the Defendant went along the Si dong of the above Oba (Obaba) by using the name "maw" (Obabaki) he was in possession of.

Accordingly, the defendant stolen the victim's property together with C, J, K, and L.

Summary of Evidence

[2016 Highest 4292]

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of each police in relation to C or D;

1. Statement made by the police against M;

1. Each statement of F, N,O, and P;

1. A thief photograph;

1. Each protocol of seizure and the list of seizure;

1. Investigation report (related to the analysis of ctv video data at the scene of the crime), and photographics after closure of the crime (2016 order 545);

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police officer against J, K, C, or L;

1. A statement prepared by H;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

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

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. Article 53 and Article 55(1)3 of the Criminal Act that stealss or parks goods in a parked vehicle jointly with an accomplice for sentencing reasons.

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