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(영문) 서울중앙지방법원 2020.01.06 2019노3339
특수절도
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for a year and six months, and for a defendant B, for two years, respectively.

Reasons

1. Summary of grounds for appeal;

A. In the crime on October 7, 2018 and March 1, 2019, Defendant A conspired with Defendant B to commit the crime on March 1, 2019, since all the Defendants were found to have been guilty of special larceny, the lower judgment that acquitted Defendant A and recognized Defendant B only night intrusion theft by deeming that Defendant B was a single criminal act is erroneous of misunderstanding of facts.

B. Defendant B (unfair punishment)’s imprisonment (two years of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. From October 7, 2018 to October 19, 2018, the Defendants: (a) entered the above 7-H apartment unit E in Seocho-gu, Seoul, where the victim C is living between around 18:41 on October 7, 2018 and 19:00 on the same day; (b) Defendant A reported the network from the above apartment unit at approximately 30 meters away from the above apartment unit; (c) Defendant B entered the above apartment E-style window, which is not locked by the crepan; (d) up to 12 million won in total, the market price of the victim owned in the inside and at least 70,000 won; and (e) up to 300,000,000 won in total, up to 30,000,000,000 won in the market price of the above apartment unit, and (e) up to 19,000,000 won in total, 20,000 won in total.

Accordingly, the Defendants are the defendants.

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