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(영문) 인천지방법원 2020.01.08 2019고단7902
특수절도등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On November 20, 2019, the Defendant was sentenced to two years of imprisonment with prison labor for special larceny, etc. to the Incheon District Court, and the judgment became final and conclusive on November 28, 2019.

【Criminal Facts】

At around 04:05 on July 16, 2019, Defendant B, and C: (a) had prepared in advance and attempted to open things to the 73th place used by the victim F, and (b) had committed theft with cash of 50,000 won owned by the victim on the wall of the victim in question.

As a result, the defendant, B, and C stolen the victim's property together.

Defendant 2, around 23:00 on July 16, 2019, Defendant C, at around 23:00, entered the said friendship’s room via the above friendship or entrance for the purpose of compulsorily opening the said friendship’s objects by using the strings and cutting down cash, but was failed to cut cash on the wind that needs diving within the above strings due to difficulties.

As a result, the defendant and C conspired to intrude another person's management structure at night, and attempted to steals property, but did not bring about such intent.

Summary of Evidence

"2019 Highest 7902"

1. Defendant's legal statement;

1. Copy of each protocol of suspect examination of the police as to C and B;

1. A written statement;

1. Photographs of the scene of crime;

1. Criminal history records, etc. inquiry reports "2019 Highest 7903";

1. Defendant's legal statement;

1. Copy of a protocol of suspect examination of police officer C;

1. Written statements of J and H;

1. A report on the occurrence of a crime, a report on investigation (verification of the moving images), and a photograph by capturing the same image;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Article 331 (2) and (1) of the Criminal Act (the point of special larceny), Articles 342, 330, and 30 of the Criminal Act concerning facts constituting an offense;

1. Article 37 of the Criminal Code for the Handling of Concurrent Crimes

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