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(영문) 수원지방법원 2016.11.04 2016고단5015
특수절도
Text

Defendant

A, B, D, and F shall be punished by imprisonment for 8 months, and by imprisonment for 6 months, respectively.

except that this judgment.

Reasons

Punishment of the crime

Defendant

On June 14, 2016, from around 01:30 on June 14, 2016 to around 03:30 on the same day, A, B, C, and E were aware that the victim was holding a large amount of cash in the bank while leaving the horse to the victim J, a foreigner of the Russian nationality, who was a foreigner of the Russia, who did so so, was flusium, and was fluencing at the victim's home. At that time, the victim was able to take care of the bruced victim's attention at a different place, and the Defendant D, F, who was the act of the said Defendants, arrived at the above place, and the Defendant D and F, who was the victim of the bruciane, were boomed with the Defendant D and F, with an explanation of the situation, and were boomed in order by gathering cash with the victim.

Accordingly, at the same time on June 14, 2016, the Defendants reported the network while waiting in the driver’s seat of the YF rocketing car, Defendant D, E, and F, Defendant B took an automobile of satisfying in the victim’s side while taking the victim’s attention, and Defendant A stolen KRW 80,000,000 in cash owned by the victim at the hand of the victim’s hand while taking the satisfy with Defendant D while taking the satisfying.

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

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of the law to the statement statement made by the police of J

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

1. Discretionary mitigation Defendants: Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da15488, Apr. 1, 201; Supreme Court Decision 2009Da12489, Apr. 2, 201; Supreme Court Decision 2009Da1248, Apr. 2, 201)

1. Defendants in a suspended sentence: Article 62(1) of the Criminal Act (the grounds for discretionary mitigation, etc.).

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