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(영문) 대전지방법원 천안지원 2016.08.30 2016고단1204
특수절도등
Text

Defendants shall be punished by imprisonment for ten months.

However, as to the defendants, two years from the date of this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On July 7, 2016, the Defendants found one of the following: (a) around 03:30 on 7, 2016, the victim I lost in the vicinity of the Hongsung-Seoul Hong-gun Kim Jong-dong, Hongsung-gun, Hongsung-gun, Hongsung-gun, and found one of the KRW 900,000 Samsung No. 5 smartphones on the floor.

The Defendants conspired with E, F, G, and H to use the said smartphone in the future, followed by not taking necessary procedures, such as returning the acquired goods to the victim.

As a result, the Defendants embezzled the property that was separated from the possession of the victim in collusion with F, H, etc.

2. On July 7, 2016, at around 03:40 on July 7, 2016, the Defendants: (a) reported the network on the front side of the “L” road for the operation of the Victim K in the Chungcheongnam-gun of Hong-gun, Hong-gun; and (b) F, in advance, made it a gold by lowering the large glass of the room; and (c) E, by walking the above glass door several times due to the wind, has intruded into the gold door through the reed glass door; and (d) 96 gold bars of the victim owned by the victim, displayed at the display site and the wall, and 14K booms three, and 14K 14K mp and 14 K mp, with a preparation for precious metals worth KRW 40,000,000,000 in advance, including the market price of the said glass door.

Accordingly, the Defendants stolen the victim's property jointly with E, F, G, and H.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of the Defendants to the prosecution

1. A protocol concerning the interrogation of each police officer in relation to H, F, G, and E;

1. A written statement I and K;

1. Application of the police seizure protocol statutes;

1. Articles 360(1), 30 (a), 331(2), and 331(2), and 331(1) (a) of the Criminal Act as to the facts constituting an offense, and the choice of imprisonment with prison labor, respectively;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

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

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

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