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(영문) 광주지방법원 2016.04.08 2015고단4725
특수절도
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, who was a juvenile from home, had only B, C, D, and E with no correction to remove money, had the juvenile from home, and sentenced him to theft of cash and valuables.

1. 피해자 F에 대한 특수 절도 피고인은 2015. 5. 5. 01:04 경 광주 서구 마륵복개로 98에 있는 한신 휴 플러스 아파트 지하 주차장에서 E은 위 주차장 입구에서 망을 보고, 피고인은 B, C, A, D과 함께 지하 주차장에 주차된 승용차의 문을 열어 보고 다니던 중, C과 D이 피해자 F의 G 쏘나타 승용차가 시정되지 않은 것을 발견하고 위 승용차에 들어가 그 곳에 있던 피해자 소유의 시가 500,000원 상당의 선글라스 1개, 현금 5,000원을 가지고 나왔다.

Accordingly, the defendant stolen the victim's property together with B, C, D, and E.

2. On May 5, 2015, around 02:15, the Defendant discovered that a passenger car was not corrected due to the victim H’s I again, while entering the said car and entering the said car, at the second floor parking lot of Rain apartment complex located 15 in Seo-gu, Seo-gu, Gwangju, Gwangju, the Defendant reported the network at the entrance of the said parking lot D and E along with D, and B and C, at the entrance of the said parking lot, reported by opening a door of the car parked in the said parking lot. The Defendant discovered that the car was not corrected, and carried 30,000 won in cash owned by the victim.

Accordingly, the defendant stolen the victim's property together with B, C, D, and E.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made in each protocol concerning the suspect examination of the police in relation to B, C, D, and E;

1. Each description of H and F;

1. Entry in an investigation report (data on CCTV in the underground parking lot of a single fluor apartment) and the application of video-related Acts and subordinate statutes;

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Grounds for sentencing under Article 62(1) of the Criminal Act 1.

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