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(영문) 부산지방법원 2014.08.07 2014고단2066
특수절도등
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for eight months, respectively.

However, from the date this judgment becomes final and conclusive, each.

Reasons

Punishment of the crime

1. Defendants’ intrusion on structure and theft;

A. On November 3, 2013, the Defendants: around 11:00 on November 3, 2013, 11:3, 2013, thrown away from the view of theft of goods from the G elementary school building located in Busan Southern-gu, Busan-gu; Defendant B, based on the corridor, followed the students’ belongings in the third and sixth class classes of the above elementary school, and Defendant A carried one of Samsung Ggal juri S4 Smartphone in an amount equivalent to KRW 1,100,000,000 in the market value of the victim H, the victim I owned one of the smartphones equivalent to KRW 4,00,000 in the market value of the victim.

As a result, the Defendants conspired to intrude the school building and stolen another's property jointly.

B. On November 14, 2013, the Defendants: around 13:00 on November 14, 2013, thrown away goods from the K Elementary School building located in the Busan Shipping Daegu J; Defendant B, who reported the network from the corridor, followed the students’ belongings in the five-year class class of the above elementary school, and Defendant A carried one LGphone at the level of KRW 90,000,000,000 in the market price of the victim L, the victim owned in the six-year class of the above elementary school; and Defendant A had one LGphone at the level of KRW 70,000 in the market price of the victim M owned in the six-year class of the six-year class.

As a result, the Defendants conspired to intrude the school building and stolen another's property jointly.

2. At around 12:00 on October 3, 2013, Defendant A: (a) opened a door that was not corrected for the victim N's OF car that was set up on the adjacent street of the Sogggal Donsan-dong, Busan, Busan, and cut off one of Samsung Tgalop3 smartphones equivalent to KRW 900,000,000 in the market value of the victim’s ownership.

Summary of Evidence

1. Defendants’ legal statement

1. Each police statement on L, M, or N;

1. Application of Acts and subordinate statutes on seizure records;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Articles 331(2) and (1), 319(1), and 329 of the Criminal Act of Defendant A; the choice of imprisonment

B. Articles 331(2) and (1), 319(1), and each choice of imprisonment

1. Aggravation of concurrent crimes (the defendants)

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