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(영문) 대구지방법원 김천지원 2018.08.16 2017고단714
특수절도등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant and C (the separate sentence on July 20, 2017) had been living in the old and old workplace without a certain occupation.

1. The Defendant and C, around 12:00 on February 21, 2017, opened a cafeteria that was not corrected at the “F” restaurant located in the Gusisi-si in the operation of the victim D, and opened the molecule at least one Triju in the market price, the victim owned by the air conditioning, who was kept in the air conditioning.

In other words, opening each bottle lids, and then opening the lids, the effects of the following sub-contractors 1 grouped by 1 branch of Mauritiuss.

Accordingly, the defendant and C conspired to the effect of property owned by the victim.

2. Special larceny Defendant and C, at the same time and place as set forth in paragraph 1, took out the amount equivalent to 240 million won at the market price, which was kept in a cooling house, and the amount equivalent to 30 million won at the market price, and 200 won at the market price, taken out the “F” restaurant.

As a result, the defendant and C stolen the victim's property together.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement C in the third trial records;

1. Written statements of D;

1.The application of Acts and subordinate statutes of a stolen photograph, report (a thief), internal investigation report (Attachment to the relevant photograph), photo of the damaged article possessed by the defendant at the time of discovery of C, investigation report (verification of the amount of damage inflicted on the victim and attachment to the stolen photo by the victim), - Application of the stolen senior photograph.

1. Article 331(2) and Article 331(1) of the Criminal Act regarding criminal facts (a) of the pertinent legal provision on criminal facts (a special larceny; (b) recognized the fact that C, as of the third public trial date, he/she committed drinking and cutting off drinking and meat together with the Defendant on the third public trial date; and (c) in light of the following: (a) the Defendant used to drink a restaurant along with C; (b) did not turn on gas stamps; and (c) took a restaurant together with C, and (d) did not turn on gas stamps, the Defendant’s assertion that he/she did not take part in special larceny is difficult to accept).

Article 366 of the Criminal Code (the point of damage to property),

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