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(영문) 서울남부지방법원 2018.04.12 2017고단6553
특수절도
Text

Defendants shall be punished by imprisonment for six months.

except that the execution of each sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Presumption Facts] The Defendants conspired to steals scrap metal, such as pipes, at the multi-household housing removal site located in Gangseo-gu Seoul Metropolitan Government (hereinafter “ removal site”) as they came to know while getting a bicycle for about three years after getting on and getting on a bicycle.

1. On October 22, 2017, Defendants of the crime committed around 12:37, from October 22, 2017 to around 13:17 of the same day entered the scene of removal from around October 22, 2017 to around 13:17 of the same day, and entered the said site, and carried the tent and air-conditioning pipe by removing 100,000 won of the victim E-owned market value under the roof.

Accordingly, the Defendants jointly stolen the victim’s property.

2. On October 22, 2017, the Defendants committed the crime around 13:50 on October 22, 2017, from around 13:50 on October 22, 2017 to around 14:33 on the same day, the Defendants removed the Tong and Dong pipe from the market price equivalent to KRW 100,00,00 in the victim’s possession at the aforementioned removal site and loaded them on the bicycle.

Accordingly, the Defendants jointly stolen the victim’s property.

3. From October 22, 2017 to October 14:58, 2017, Defendants of the crime committed around October 22, 2017, around 14:58 to October 15:34 of the same day, the victim’s market value at the aforementioned removal site was removed by removing the Tong and Pipe, which is equivalent to KRW 100,000,000, and loaded on the bicycle.

Accordingly, the Defendants jointly stolen the victim’s property.

4. From October 23, 2017 to October 23, 2017, the Defendants committed the crime at around 17:00 on the same day, the Defendants loaded a pipe with the market value equivalent to KRW 100,000,00, at the above-mentioned removal site, from October 23, 2017 to around 18:00 on the same day.

As a result, the defendants stolen the victim's property together.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of suspect of the police in relation to F;

1. E written statements;

1. Application of the Acts and subordinate statutes to photographs by capturing each CCTV image;

1. Relevant Articles of the Act and corresponding Articles of the Act concerning the facts of crime;

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