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(영문) 창원지방법원 마산지원 2019.10.29 2019고단615
특수절도등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 14, 2019, at around 14:48, the Defendant, along with C and D, opened a door of the victim Gststa vehicle owned by the victim B, without correcting it at the front parking lot of Mana-gun E apartment Fdong, and the Defendant reported the network, and C and D carried a door of 5,000 won right and right of 5,00 won right and right of 5,000 won on the part of the victim in the vehicle.

Accordingly, the defendant stolen the victim's property together with C and D.

2. On May 14, 2019, the Defendant, along with C and D, did not correct the risk of theft of goods at the parking lot specified in paragraph (1) at around 14:51, on May 14, 2019, opened a door of the vehicle in an Ico owned by the victim H, and the Defendant and D reported the network, while the Defendant and C followed the inside of the vehicle, but did not find a stolen object, and did not realize that purport.

Accordingly, the defendant tried to steal the victim's property in collaboration with C and D.

3. On May 14, 2019, at around 15:00 on May 14, 2019, the Defendant: (a) opened a door of a rocketing vehicle owned by the victim J, and the Defendant reported the network; (b) C and D had one 1,000 won lap paper 1,000 won labbbbbbbing on the part of the victim in the vehicle, and 500 won labing.

Accordingly, the defendant stolen the victim's property together with C and D.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of C or D;

1. Written statements of H, B, and J;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to report internal accidents (Attachment of CCTV images at the scene of crime);

1. Article 331(2) and (1) of the Criminal Act (the occupation of special larceny) concerning the facts constituting an offense, and Articles 342 and 331(2) and (1) of the Criminal Act (the occupation of attempted special larceny) of the same Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Punishment for Crimes of most serious crime and special larceny provided for in paragraph (1) of the same Article);

1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;

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