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(영문) 광주지방법원 2013.04.25 2012고합1245
특수절도
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On September 28, 2012, at around 22:00, the Defendant conspireds to steals goods from the “ Home Packer Haak-dong,” located in the Hanam-dong, Gwangju Mine-gu, and prepared one ner and one ner, and entered the place.

The Defendant, with C and prosperity, brought the following goods into a sloped room in the first floor floor, removed a theft prevention house attached to ner in that room, removed the theft prevention house, and then put the following goods into a niver room in a niver room, and then, put the victim D’s 3 emergency liverset 2,900 won (per a market price equivalent to 21,900 won), 2 lives (per a market price equivalent to 47,800 won), 1 lives (per a market price equivalent to 21,900 won), lives for men (per a market price equivalent to 30,000 won), hivers livers kives (per a market price of 41,480 won), 1 knives (per a market price of 2,80 won), 174,960 won in total, and 1 hivers 2,500 won in front of the victim’s home (per).

In order to escape arrest, the Defendant produced a knife knife knife knife, which was a deadly weapon, and threatened the victims so that they may no longer mislead.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol regarding C;

1. Statement to E by the police;

1. A written statement;

1. Application of the written estimate and the Act and subordinate statutes governing field photographs;

1. The pertinent legal provisions on criminal facts, Articles 335, 334(2) and (1), and 333 of the Criminal Act (only with respect to the choice of imprisonment for abandonment, and inclusive, the prosecutor indicted the Defendant as “ordinary concurrent crimes” of each quasi-special robbery against victims. However, even if the Defendant committed assault or intimidation at the same time or in this case on the same opportunity for the purpose of evading arrest of several persons who have been thiefed, the crime of larceny is established (see Supreme Court Decision 66Do1392, Dec. 6, 196). As such, the crime of this case also includes the crime against the victims.

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