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(영문) 인천지방법원 2015.11.12 2015고단5383
특수절도등
Text

Defendants shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Defendant

A was sentenced to six months of imprisonment for occupational embezzlement at the Incheon District Court on October 2, 2014, and the execution of the sentence was terminated on April 3, 2015 at the Incheon Detention House.

Defendant

B On November 28, 2014, the same court was sentenced to four months of imprisonment for occupational embezzlement, and completed the enforcement of the sentence in the Incheon detention center on March 27, 2015.

As mentioned above, the Defendants were aware at the time of serving a prison in Incheon detention center, and were willing to steal money and valuables from the house of Incheon detention center to meet each other after the completion of the sentence, and to raise the cost of living and entertainment expenses.

1. On May 18, 2015, the Defendants jointly joined and intruded into a door by entering the entrance door password, which was known in advance, at around 13:00, May 18, 2015, at the time of the victim’s residence in Seo-gu Incheon, Seo-gu, Incheon, at around 101 Dong 1201, the victim’s dwelling area, and opened a door, and came into the door, and used a total of KRW 2,486,00 in the market price of Samsung 5, 1, 1, and 1, the victim’s ownership, and stolen Defendant A’s Mart car.

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

2. On May 27, 2015, the Defendants jointly intruded into the places listed in paragraph (1) by the same method, around 15:00 on May 27, 2015, and cited approximately KRW 956,00 in total market price, including Bodrid 5 Disease, which is the victim’s possession in the living room, and stolen the said marina car.

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

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police with respect to C and F;

1. Records of seizure, lists of seizure and photographs of seized articles;

1. Before holding: Application of each criminal history record report and investigation report (verification that a suspect is serving a repeated term) Acts and subordinate statutes;

1. The Defendants of relevant legal provisions regarding criminal facts: Article 331 of the Criminal Act (the point of special larceny) and Articles 319(1) and 30 of the Criminal Act are intrusion upon each other.

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