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(영문) 대구지방법원 영덕지원 2014.07.02 2014고단54
특수절도등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

On 2012, the Defendant conspiredd to steal the goods inside the vehicle by getting on the passenger car he borrowed from C and finding a parked vehicle with no correction of the door.

1. 2013. 3. 18. 범행 피고인은 2013. 3. 18. 4:50경 경북 영덕군 D 소재 피해자 E(55세)의 집 앞에서 피고인은 F SM5 승용차의 시동을 켠 채 기다리고, C은 차에서 내려 문을 잠그지 않은 채 주차해 둔 피해자 소유의 G 포터 화물차의 문을 열고 훔칠 재물을 물색한 후 절취하려고 하였으나, 피해자의 처가 화물차의 문이 열리는 소리를 듣고 바깥으로 나오는 바람에 황급히 도주함으로써 그 뜻을 이루지 못하고 미수에 그쳤다.

2. On April 4, 2013, the Defendant: (a) around 1:30 on April 4, 2013, at around 1:4, the Defendant stopped the above-in low-priced car in front of the 1st century owned by JJ (53 years old); (b) waiting for C to steal from the vehicle in front of the 19,600 driver’s vehicle; (c) opened a door for the vehicle in front of the vehicle in front; (d) opened a door for the vehicle in front of the vehicle in front of the vehicle in front; and (e) opened a door for the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the 19,600 won market price; and (e) took 6,940 won in cash in front of the 19,600 won vehicle’s market price in front of the vehicle in front of the 19,600 driver’s license; (e) subsequently, the Defendant did not have attempted the vehicle in front.

Accordingly, the Defendant, in collaboration with C, stolen the victim B’s shot tobacco 7 locks, etc., and attempted to steal the victim’s K’s property, but did not achieve that intent, but did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Second prosecutor's protocol of examination of the accused;

1. Each prosecutor's protocol of examination of C and M;

1. Each police statement made to B, N, E, and K;

1. A written statement prepared by theO;

1. Statement of seizure;

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