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(영문) 광주지방법원 순천지원 2014.01.23 2013고합160 (1)
특정범죄가중처벌등에관한법률위반(절도)
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

Criminal facts

On May 15, 2013, the Defendant and C, in the vicinity of C's house located in Yasan City on May 15, 2013, held G music Meeting at the F EXPO located in Yacheon-si, and the Defendant moved closely with C, reported the distribution or network of visitors, and C conspiredd to steal the goods of visitors by retailing methods.

On May 15, 2013, the Defendant and C moved back to the back of the victim I, who had acted as if they would not put up to the position of the G music conference in the FM H parking lot around 18:45.

Defendant and C continuously acted as if they were in exchange with each other by taking away goods in the color vinyl paper that were used in his hand, or by pushing the victim, etc., they neglected the care of the victim, and C by taking advantage of the gaps, C took 139,000 won in cash owned by the victim, which was in his hand, and 60,000 won in the market price, which includes the right to enter the National EXPO of Franc and driver's license, etc.

As a result, the Defendant, together with C, stolen the property owned by the victim, which is a total of 299,000.

Summary of Evidence

Defendant’s partial statement

Judgment on the assertion of the defendant in the first trial records as to copy of the examination protocol of witness examination (part of the third trial records) of C in part of the protocol of witness examination (part of the third trial records) and net spatial CCTV photographs,

1. The Defendant’s assertion that there was no conspiracy between C and retail shop, and that there was no difference between C and C during the process of retail shop.

2. In full view of the following circumstances admitted by the evidence as seen earlier, the Defendant’s assertion is rejected, as it is sufficiently admitted that the Defendant stolen the victim’s property jointly with C as stated in its holding.

1. The injured party: (a) the accused and C set up even even if they are attached to them, and (b) the body of the accused and C set up their seals.

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