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(영문) 서울남부지방법원 2016.12.23 2016고단5315
특수절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On September 27, 2016, at around 00:00 on September 27, 2016, the Defendant, along with C, discovered one E-to-be in the market value equivalent to KRW 500,00,00 in the victim D owned by the Defendant, where the key is posted, and C driven the above E-to-beb, and the Defendant was getting out of C.

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

2. The Defendant, along with C, was getting off and getting off a stolen bus as described in the foregoing paragraph (1). On September 27, 2016, at around 02:50, the Defendant discovered the victim H who was going out of the way in front of “G” located in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, and C driving baltob, thereby immediately facing the victim. The Defendant, while the baltob driven by C, attempted to grow up with the victim’s hand one hand a hand-baltob in an amount equivalent to KRW 2.40,00,00 at the market price of the victim’s left side, which is the victim’s possession, the victim’s baltoba driven by C, attempted to grow up with the victim’s hand, but did not bring out the intent beyond the baltob on the wind at the victim’s resistance.

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

Summary of Evidence

1. Defendant's legal statement;

1. The first time against the accused, and the second time protocol of interrogation of the prosecution;

1. A copy of the first and second examination protocol of the prosecution against C;

1. A copy of H’s statement;

1. Investigation report (C meeting and investigation);

1. Application of Acts and subordinate statutes to report on investigation (report on confirmation of details of meetings with co-offenders);

1. Article 331(2) and (1) of the Criminal Act applicable to the relevant criminal facts of a crime (the point of multiple larceny), Articles 342, 331(2) and (1) of the Criminal Act (the point of attempted special larceny);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. The range of recommending punishment according to the sentencing criteria (a decision on types of larceny) shall be the thief in general property; and

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