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(영문) 대전지방법원 홍성지원 2012.11.07 2012고단833
특수절도등
Text

Defendant

A Imprisonment with prison labor of one year and two months, and Defendant B shall be punished by imprisonment with prison labor of one year.

Reasons

Punishment of the crime

1. Special larceny Defendants: (a) around 19:00 on September 13, 2012, at the event site of the “Saeabababababababababababababababababababababababa, Hong Sung-gun, Hongsung-gun, Hongsung-gun, Hongsung-gun; (b) Defendant A recovered KRW 40,000 in cash held in the back of the victim D’s backheadababababa; and (c) Defendant B stolen the said victim’s property by combining the victim’s body in a way that he

2. Attempted special larceny;

A. On September 13, 2012, at the above location around 19:45, the Defendants conspired to commit a theft of cash, etc. owned by the said victim in a way that the victim E knifes the handblurgs, which the victim E knife, and Defendant B attempted to steal the cash, etc. owned by the said victim in a manner that the victim’s body was faced by his body, but the latter was discovered back to the victim and attempted to commit a crime.

B. The Defendants conspired with each other at the above time and time, and at the above place, Defendant A collected cash in the victim’s possession by putting her hand on the back her part of the victim F, and Defendant B attempted to steal the property owned by the above victim in a way that the victim was committed by her body in the face of his body. However, Defendant B attempted to steal the property from the victim’s possession, and attempted to commit the crime.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of each police statement made to F and D;

1. Photographs of the suspect A;

1. Seizure records;

1. The list of seizure;

1. Each statement;

1. On-site photographs;

1. Application of Acts and subordinate statutes to a report on investigation (to hear a victim's telephone statement);

1. Article 331(2) and (1) of the Criminal Act (the point of each special larceny for the accused) as to the facts constituting a crime and Articles 342 and 331(2) and (1) (the point of each special larceny for the accused) of the Criminal Act;

1. The crime of this case, among concurrent crimes, on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (in relation to the defendants, the aggravation of concurrent crimes with punishment with heavy crimes), plays a role in the venue of a festival in which the defendants are many people.

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