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(영문) 전주지방법원 군산지원 2021.01.19 2020고단1010
특수절도
Text

[Defendant A] Defendant A shall be punished by imprisonment with prison labor for six months

However, the above sentence shall be executed for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 26, 2020, the special larceny Defendants discovered one bicycle "JEGER" equivalent to KRW 700,000 in the market price owned by the victim D (hereinafter referred to as 44 years old), which is linked to the gate stairs railing in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Seoul, around 10:26, 200, on February 26, 2020. Defendant A reported the network outside the above Ba, Defendant B cut the locks after having cut the locks from Defendant A, and Defendant B cut the locks after having cut them.

Accordingly, the defendants stolen the property owned by the victim together.

2. On March 15, 2020, the Defendants discovered one bicycle 'APPALNCHA' in the amount of KRW 550,00 of the market price owned by the victim F (F) who is linked to the railing of the entrance in the apartment house in the Gunsan-si, Gunsan-si, at around 10:20 on March 15, 2020, and cut off with the above bicycle in the same manner as described in paragraph 1.

Accordingly, the defendants stolen the property owned by the victim together.

Summary of Evidence

1. As to the Defendants’ respective legal statements, the F’s statement on the statement made by the police concerning D as to each of the statements made by each of the Defendants in the police interrogation protocol (thief), report on internal investigation (as to the dispatch situation of the scene, the existence of CCTV and identification investigation, etc.), investigation report (as to the results of gene appraisal), investigation report (as to the visit and voluntary presence of the suspect A), investigation report (as to the location of the military crime committed by the suspect A and voluntary presence), investigation report (as to the suspect A’s military CCTV analysis and voluntary presence), investigation report (as to the G CCTV analysis and investigation), investigation report (as to the investigation report and investigation of the suspect), investigation report (as to the transfer of goods damaged by the bicycle), genetic appraisal report (as to the specific circumstances of the time of the crime), list of theft in the seizure and list of seizure records, the results of the genetic appraisal of the thie

1. Defendants of the relevant legal provisions concerning criminal facts: Articles 331(2) and 331(1) of the Criminal Act

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act;

1. Defendants to be mitigated of small amount: Each criminal law.

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