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(영문) 인천지방법원 2019.10.31 2019고단2742
특수절도등
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

Punishment of the crime

[criminal power] On July 27, 2017, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for special larceny, etc. at the Incheon District Court on October, 2017, and the judgment became final and conclusive on August 4, 2017.

【Criminal Facts】

Around March 11, 2019, the Defendant and B made a theft of money and valuables and divided them into gold banks, and the gold banks subject to the crime were colored, and B, upon entering the gold banks, followed the goods as if they were dead, followed the Defendant and her talked with the principal by having the father talked as if his father settled the price, and attempted to escape. The Defendant was willing to receive B’s phone while waiting in the gold banks, and to act as the father of B, who was the father.

1. Attempted larceny;

A. On March 11, 2019, at around 18:42, 2019, the Defendant, along with B, got into front of the “E” page operated by the victim D in Jung-gu Incheon, Jung-gu, Incheon. The Defendant waiting in the front place of the gold bank, and B, entering the gold bank, changed the victim to show the gold field, and received one gold b,150,000 won at the market price from the victim. The Defendant attempted to escape out of the market price while smoking tobacco. However, even if the victim tried to escape out of the market price, the Defendant waived the crime and returned the said gold to the victim.

Accordingly, the defendant, in collusion with B, attempted to steal the victim's property and attempted to commit it.

B. On March 11, 2019, the Defendant, along with B on March 11, 2019, when the victim G in Jung-gu Incheon, Jung-gu, Incheon, was waiting in front of the “H” bank operated by the victim G, and the Defendant, while waiting in front of the Defendant, the Defendant changed to show gold sludge to the victim, received from the victim one gold sheet (20 billion won) equivalent to 4,300,000 won. The Defendant attempted to escape from the victim by viewing the gap of one eye as it is, but attempted to escape by viewing the difference in the body of the victim, the victim was demanded to return the above gold sheet, and then the Defendant renounced the crime and sold the above concrete.

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