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(영문) 수원지방법원 성남지원 2017.01.25 2016고단3189
특수절도
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

However, this decision is delivered to the Defendants.

Reasons

Punishment of the crime

In order to raise entertainment expenses, the Defendants conspired to return to the Gandong-gu Seoul Metropolitan Government and the Nannam-si and to steals property.

1. On July 1, 2016, around 01:00 on July 1, 2016, the Defendants entered the male spana as if they were to use spana in the “E Spana” located in Gangdong-gu Seoul, Gangdong-gu, Seoul, and the Defendants B, who reported the network, Defendant A, using the previously prepared clothes, opened a locking device of 33 spana, and take 170,000 won in cash from the wall owned by the victim F, which was kept in the clothes.

L. A. L. theft was committed.

As a result, the defendants stolen the victim's property together.

2. On July 7, 2016, the Defendants entered the lower court’s room of “H Mana” male, located in Hanam-si, Hanam-si on July 7, 2016, in the same manner as Paragraph 1, and Defendant B reported the network, and Defendant A opened the locking system of clothes No. 207 to take 30,000 won in cash from the walling of the victim I, which was kept in custody in the clothes.

L. A. L. theft was committed.

As a result, the defendants stolen the victim's property together.

3. On July 23, 2016, the Defendants of the crime committed around July 23, 2016, enter the male escape room in the court of Hanam-si around July 23, 2016, in the same manner as Paragraph 1, and Defendant B reported to the network, Defendant A, and Defendant A opened the locking system of clothes No. 245 at that place, and take 300,000 won in cash from the walling of the victim L, which was kept in custody in the clothes.

L. A. L. theft was committed.

As a result, the defendants stolen the victim's property together.

Summary of Evidence

1. Defendants’ legal statement

1. Statement made to I by the police;

1. L/F statements;

1. Application of CCTV Acts and subordinate statutes;

1. Article 331 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. Article 62(1) of the Criminal Act for the suspension of execution (including the above circumstances);

1. At least 62-2 of the Criminal Act, such as the observation of protection and community service order;

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