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(영문) 인천지방법원 2012.11.14 2012고단10037
특수절도등
Text

Defendants shall be punished by imprisonment for ten months.

Reasons

Punishment of the crime

At around 21:30 on September 21, 2012, the Defendants discovered the victim E in front of the Incheon Gyeyang-gu Docker, and Defendant A driven the offland that was stolen as stated in paragraph (2) of the attached list of crimes, and downloaded to the victim’s side, Defendant B, who was on the back part of the victim, set up a bank, with the victim’s shoulder, and set up 10 million won in cash, 50,000 won in the victim’s possession, 30,000 won in the market price, 50,000 won in the cash, 110,000 won in the market price, 50,000 won in the face of the passbook, and 50,000 won in the market price of the bank, 50,000 won in the face of the passbook, and 2 weeks in order not to set up the bank.

In addition, the Defendants stolen the money and valuables, etc. owned by the victims amounting to KRW 53,433,00,00, on seven occasions from September 19, 2012 to September 21, 2012, as indicated in the annexed crime list, from September 21, 2012.

Accordingly, the Defendants jointly stolen the victims' property and jointly inflicted an injury on the victims E.

Summary of Evidence

1. Defendants’ legal statement

1.F, E,

1. G, H, I, and J

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

1. Application of Acts and subordinate statutes to a report on investigation (the confirmation of the chassis number, etc., which is used for criminal conduct), a written diagnosis of injury, a photograph of the scene of crime, etc.;

1. Relevant provisions of the Criminal Act concerning the facts of crime, Article 331 (2) and (1) of the Criminal Act (the point of multiple larceny), Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act (the point of joint injury and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. The reason for sentencing under Articles 53 and 55(1)3(c) of the Criminal Act for discretionary mitigation is as follows: (a) the Defendants, together, stolen goods, and inflicted bodily injury on one of the victims after the Defendants committed a theft of urbane, by means of a hand-off method from the victims.

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