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(영문) 대전지방법원 2018.01.15 2017고단4249 (1)
특수절도미수등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Joint crimes of Defendant C, D, A, and E;

A. The Defendants, who attempted special larceny, committed a special larceny, such as: (a) having invaded upon a restaurant, convenience store, etc. at the new wall time; (b) having driven a vehicle and carried other Defendants up to the place of crime; and (c) having the network with Defendant D; (d) having the role of viewing the network in front of the scene of crime; and (e) having Defendant A engaged in such special larceny as taking advantage of a restaurant, etc. to commit a theft of property.

Accordingly, on September 11, 2017, at around 02:03, the Defendants came to “H Eart” in the operation of the Victim G located in Daejeon Seodong-gu F, Daejeon, and Defendant C and Defendant D stopped the vehicle on the front left of the Mat and reported the network within that scope, and Defendant E tried to steal the property by cutting off and destroying the Mat door glass, which had been put on the front left of the Mat prior to the Mat. However, the Defendants attempted to steal the property by breaking the Mat door door glass, but the glass was not broken.

After all, the Defendants jointly attempted to steal the victim's property.

B. On September 11, 2017, the Defendants committed the crime on September 11, 2017: (a) around 03:00 on September 11, 2017, at the “K cafeteria” in the operation of the Defendant C, Defendant D, and Defendant E located in Daejeon Dong-gu, Daejeon-gu, with the view to viewing the network within the vehicle parked in the vicinity; (b) Defendant A did not break the entrance glass of the entrance, but did not discover any property to be stolen; (c) Defendant A, Defendant C, and Defendant D infringed on the said restaurant; and (d) Defendant A, Defendant C, and Defendant E used the said restaurant as a 1 stbox in the market price, the victim owned by the victim.

Ultimately, the Defendants jointly stolen another’s property.

2) The Defendants committed the crime on September 28, 2017 L. Dong-gu, Daejeon where Defendant E works as his/her relative employee.

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