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(영문) 청주지방법원 2019.08.14 2019고단621
특수절도등
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for eight months, respectively.

However, this decision is delivered to the Defendants.

Reasons

Punishment of the crime

1. At around 01:00 on February 11, 2019, Defendants of special larceny discovered E rocketing cars owned by the victim D, parked in front of the petition-gu, Cheongju-si, Cheongju-si, and Defendant B reported the network, Defendant A opened the door of the foregoing vehicle that was not locked and took out 10,000 won in total at the market price of the victim owned by the victim in the vehicle.

Accordingly, the Defendants, together, stolen the victim’s property, from that time until February 23, 2019, stolen the property in an amount of KRW 520,000,000 as stated in the attached Table 1-4 from that time to February 23, 2019.

2. On February 23, 2019, the Defendants: (a) found the victim G’s Hone Star passenger car parked in front of the F of the Heungdong-gu, Chungcheongnam-gu; (b) Defendant B reported the network; (c) Defendant A opened the door of the said vehicle that was not set off and attempted to steal property inside the vehicle; but did not realize the intent of the vehicle’s door.

As a result, the Defendants, together, attempted to steals the victim’s property and attempted to steal the victim’s property from the time to February 23, 2019, and attempted to steals the property owned by 10 victims through the aforementioned method, such as the statement No. 5-14 of the List of Crimes No. 23:49, Feb. 23, 2019.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made to D by the police;

1. Each statement of G, I, J, K, L, M, N,O, P, Q, R, and S;

1. Application of the Acts and subordinate statutes to the scene of crimes, photograph of victimized vehicle, Category B video, records of seizure, list of seizure, photograph of seized articles, photograph of the suspect, and the criminal suspect;

1. Article 331 (2) and (1) of the Criminal Act (the point of each special larceny) concerning the facts constituting an offense, and Articles 342, 331 (2) and (1) (the point of each special larceny) of the Criminal Act;

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

1. Discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act;

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