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(영문) 대전지방법원 천안지원 2017.06.08 2017고단930
특수절도등
Text

All the Defendants shall be punished by imprisonment for six months.

However, the defendants are above one year from the date when this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On April 5, 2017, at around 00:40 on April 5, 2017, the Defendants jointly opened a white LF straw in the victim C’s vehicle parked in the 101 west-gu, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, 12-12, and the 10,000 won per 10,000 won per 10,000 won per son.

2. On April 5, 2017, at around 00:44, the Defendants combined and parked in the victim D’s E-Attachment 101 apartment 101, which was parked in the said parking lot, and Defendant A looked around the surroundings and reported the network. Defendant B opened a string door and entered the inside, and cut off the amount of KRW 3,000 per annum owned by the victim.

3. On April 5, 2017, at around 00:38, the Defendants combined with each other, and the victim F, parked in the said 101 UN 101 G-type apartment 101 parking lot, and the Defendant A was living in the surroundings and reported the network. Defendant B opened the front door of the above body and opened the inner door, and did not discover any stolen objects, but did not commit an attempted crime.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement (C, D, F);

1. Application of the investigation report (investigation of CCTV at the scene of the occurrence, investigation of confirmation of the moving route, investigation of a suspect, investigation of CCTV images at the scene of the occurrence, and investigation of CCTVs at the scene of the occurrence of the crime);

1. The Defendants of the relevant legal provisions concerning criminal facts: Articles 331(2) and 331(1) of the Criminal Act, and Articles 342, 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: Articles 53 and 55(1)3 of the Criminal Act ( considered as favorable circumstances among the grounds for sentencing);

1. Defendants of suspended execution: Article 62(1) of the Criminal Act (a) is favorable to the reasons for sentencing.

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