logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2019.08.23 2019고단1462
특수절도
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

On December 11, 2018, at around 13:00 on December 13:1, 2018, the Defendant: (a) completed meals from the victim E in the next place in cash; and (b) placed a white cover containing precious metal, such as a gold half of KRW 200,00 and the market price of KRW 5,35,00,00, in cash; (c) opened the above a bank and confirmed that the Defendant was containing wall, precious metal, etc.; (d) displayed the wall, precious metal, etc. to B, facing the Defendant, and she carried the said bank on hand; and (e) displayed the wall, precious metal, etc. to B, who was seated.

Accordingly, the defendant stolen the victim's property together with B.

Summary of Evidence

1. Legal statement of the witness B;

1. A protocol concerning the suspect examination of the accused;

1. A protocol concerning the police interrogation of the accused;

1. A E-document;

1. The defendant's assertion and judgment on the occurrence report (thief), internal investigation report (on-site confirmation), investigation report (CCTV image verification), CCTV image data analysis, and CCTV image data analysis

1. The argument B, while talking to the purport that the defendant "I will am, get back to the country, get back to the restaurant, or to the police station" several times, there was no fact that the defendant conspiredd with B by stating that he "I will go to the only part," but the defendant was "I will go to the only part."

Even if B took part in the Defendant’s criminal act, since B already took part in the criminal act of larceny at the time when the Defendant took the victim’s door to his own seat and B took part in the criminal act of larceny after the taking of larceny, it is not constituted a special larceny for the Defendant.

2. Relevant legal principles regarding larceny can be used when the possession of another person is infringed and the property is transferred to his own possession, that is, when the property is under his/her factual control.

(See Supreme Court Decision 64Do577 delivered on December 8, 1964). 3. The above evidence reveals that the defendant is next to himself.

arrow