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(영문) 울산지방법원 2018.01.10 2017고단3257
특수절도
Text

Defendant

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

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

On August 8, 2017, the Defendants 2017 Godan 3257: around 14:50 on August 8, 2017, the Defendants: (a) reported the network from the front of the above frequency to the Defendant B; and (b) Defendant A got a "MNITO bicycle equivalent to KRW 700,000 at the market price owned by the victim, which was installed without correcting the above frequency to the next part of the gas pipeline."

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

Defendant B, G, and H intented to steale cash in civil cases and donations established at a religious church located in Ulsan-dong 24-2, Ulsan-gu, Ulsan-dong 2017 which intrudes on a religious city and a lake church.

1. On May 15, 2017, the Defendant: (a) was in the civil process above G, H and H around 11:30 on May 15, 2017; (b) the Defendant reported to the network; (c) G and H entered into the said inside civil door through the open door; and (d) opened a cover of the donations that he left the said door, and brought about cash in a way that he did not cover it; (c) however, the Defendant failed to open the cover; and (d) did not commit an attempted crime.

2. A special larceny Defendant came to the above G and H church in around 11:58 on the same day, and the Defendant and G reported to the network, while H had to enter the church through the door in which the above church is opened and made a donation in that place.

As a result, the Defendant, together with G and H, stolen approximately KRW 60,000 in cash, which is related to the donation that is difficult to know the market price and the donation.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of each police officer in relation to G or H;

1. Each statement;

1. A photograph of each CCTV analysis course;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant legal theft against a crime by Defendant A: Article 331(2) and (1) of the Criminal Act; Article 331(2) and Article 331(1) of the Criminal Act: A person who attempted joint larceny under Article 342, Article 331(2) and (1) of the Criminal Act: Articles 342, 331(2) and (1) of the Criminal Act;

1. Defendant B who aggravated concurrent crimes.

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