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(영문) 수원지방법원 안산지원 2013.06.11 2013고단638
특수절도
Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the conclusion of the judgment, each of the above two years against the Defendants.

Reasons

Punishment of the crime

On January 20, 2013, around 04:00, the Defendants discovered that the front of the 690-on-ground parking lot of the member-gu D building in Ansan-si and that the inside of the FI40 car owned by the victim E is able to turn on, and confirmed that the above parked vehicle is open to the rear door of the driver's seat.

The Defendants jointly reported the network in and around Defendant B, and Defendant A opened the back door of the vehicle and carried with the bank of the victim who was placed on the back seat, and the Defendants, together with the precious metals, cut off part of the precious metals contained in the bank, and then cut off 10 precious metals, such as a gold-frame of the total market value of KRW 1,920,00,000, and a gold-line, etc.

Summary of Evidence

1. Defendants’ legal statement

1. Prosecutorial suspect interrogation protocol against the Defendants

1. Part of the police statement of E;

1. Account books for the purchase of each gold;

1. A report on investigation intelligence;

1. On-site photographs;

1. Case records (the scene of damage or the keeping and keeping of damaged articles);

1. A report on occurrence of evidence (26 pages of evidence);

1. Application of Acts and subordinate statutes to investigation reports (Evidence records 79 pages);

1. The Defendants of relevant legal provisions concerning criminal facts: Article 331(2) and (1) of the Criminal Act (the point of special larceny)

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 20

1. Article 62 (1) of the Criminal Act of the suspended execution (see, e.g., the fact that the defendants deposited money for the victim, and that the defendants have no record of criminal punishment for the same crime);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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