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(영문) 수원지방법원 성남지원 2017.12.07 2016고단3284
절도등
Text

Defendant

A shall be punished by imprisonment with prison labor for six months, and by a fine of three million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

[criminal history] On January 22, 2013, Defendant A was sentenced to four years of imprisonment due to fraud, etc. at the Suwon prison, and the execution of the sentence was completed on December 18, 2015 at the Daegu Prison.

[Criminal facts]

1. On June 18, 2016, Defendant A cut off the victim’s access to H 4xxx located in Sungnam-si, Sungnam-si, by using the front door door door, opened at the victim I’s residence, and then, Defendant A cut off the victim’s access to the door door and door door, with a rosch Rexroth amounting to KRW 3.5 million for women’s use, cash amounting to KRW 1.4 million at the market price owned by the victim who was placed adjacent to the bend, and with a rosch Rexroth amounting to KRW 14 million for men’s use at the market price owned by the victim.

Accordingly, Defendant A stolen the victim's property equivalent to the total market value of KRW 18.9 million.

2. Defendant B, immediately after the crime described in paragraph 1, was committed, was out of the scene of the J-J-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-S

Summary of Evidence

1. Part of Defendant A’s legal statement and Defendant B’s legal statement (including witness’s statement);

1. Each legal statement of witness M, N, and I;

1. Each protocol of seizure and each list of seizure;

1. The photograph of the seized article, the victim I house, the victim A house, and the place where the damaged article occurred;

1. Previous convictions: Application of a written reply to inquiries, such as criminal history, (A), investigation report (verification of suspect A-related case rulings, and completion of execution of punishment);

1. Article 329 of the Criminal Act and Article 319 of the Criminal Act are applicable to the relevant criminal facts and the defendant A who choose a sentence.

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