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(영문) 수원지방법원 2017.09.19 2017고단47
특수절도
Text

Defendants shall be punished by imprisonment for six months.

However, each of the above defendants is against the defendants for a period of one year from the date this judgment became final and conclusive.

Reasons

Criminal facts

The Defendants, from May 31, 2016 to May 14:33 to 14:36, 2016, in G buses where drivers are driving F in the territory of Suwon-gu, Suwon-si, the victim E, who was a driver, left the front seat of the bus while leaving the front seat of the bus, putting the victim’s bank left by the victim E, and then cut off from the bus in the above bank.

A total of KRW 50,00 won, KRW 10,00 won, KRW 10,00 won, and KRW 470,000,00 won, which were located in that area.

Accordingly, the Defendants jointly stolen the property owned by the victim.

Summary of Evidence

1. Part of the Defendants’ legal statements

1. Legal statement of witness E;

1. Application of the bus booms and video CD-related Acts and subordinate statutes

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

1. Reduction of a small amount under Articles 53 and 55 (1) 3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act for the suspension of execution;

1. Determination as to the assertion by the Defendants and the defense counsel under Articles 25(1), 31(1), 31(2), and 31(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc., of Orders for Compensation and Sentence of Provisional Execution

1. The summary of the assertion was that the defendants saw the victim's room in front of the bus, but the victim's room was not in cash on the wall in front of the bus, and only bring the bank to the police station as they were in order to find the master's room.

Therefore, the Defendants did not commit a theft of cash owned by the victim as stated in the instant facts charged.

2. According to the evidence duly admitted and examined by this court, the following facts can be acknowledged.

A. It is confirmed that the victim had been inside and outside of the bus operated by himself/herself (hereinafter “the bus in this case”) in the video commencing part of the bus boom CCTV (Evidence No. 13) (Evidence List No. 13).

The injured party shall set the front seat of the bus right by setting up his own door (hereinafter referred to as "the instant door") on the driver's seat in part 2:48 of video.

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