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(영문) 서울서부지방법원 2015.09.08 2014고단3003 (1)
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

On October 15, 2014, the Defendant: (a) around 19:43 on October 15, 2014, the 2014 Highest 3003 Defendant, along with C, divided the above parking lot area into half for the vehicles parked in the parking lot of the Gangwon-gu Seoul Metropolitan Government Nowon-gu Seoul Metropolitan Government, and (b) one side of the other side of C, if he finds a vehicle that is not corrected by the Defendant and a vehicle that is opened in the door, was gathered with money and valuables.

Accordingly, while displaying vehicles in their respective areas, C was found to open the door of the victim D, which was parked at that place, and entered that place, used the key in the vehicle, and driven the above vehicle to the defendant's seat, while driving the vehicle. The defendant discovered the above vehicle and C and boarded the above vehicle to get out of the parking lot.

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

around 14:00 on October 15, 2014, the Defendant stolen the gap in G 201 located in Eunpyeong-gu Seoul Metropolitan Government F, with one Samsung Ggallon 4 smartphone in an amount equivalent to KRW 900,00,000, which is the market value of the victim who is the victim who has broken up the gap in which the victim H is divingd.

Summary of Evidence

"2014 Highest 3003"

1. Defendant's legal statement;

1. Examination protocol of suspect C by the prosecution;

1. Written statements prepared in D;

1. Each investigation report (specific suspect), "2014 Highest 3101";

1. Defendant's legal statement;

1. The police statement of H;

1. Seizure records;

1. Application of Acts and subordinate statutes on theft photographs;

1. Relevant legal provisions concerning criminal facts, Article 331(2) and (1) of the Criminal Act that choose a punishment (the point of special larceny) and Article 329 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act. Article 50 (Aggravation of Concurrent Crimes with Punishment for Special Theft which is heavier Than Punishment);

1. Discretionary mitigation;

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