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(영문) 대구지방법원 2018.04.19 2017고단1701
특수절도
Text

Defendant

A shall be punished by a fine of KRW 3,000,000.

Defendant

If A does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A around November 14, 2016, at around 17:32, 2016, the victim F was living in Pyeongtaek-si apartment D apartment E, and around 17:32, the victim F opened a door by using a cresh outside the above accommodation, and the victim F, the victim F, the victim F, the victim F, the victim of which, located in the new site, opened a door and opened one slicker with the age of 100,000 won at the market price of the victim F, the victim F, the victim F, the victim F, located in the relevant slick.

Accordingly, Defendant A stolen the victim F's property.

Summary of Evidence

1. The defendant A's partial statement

1. Statement made by the witness G in the third public trial records;

1. Statement of examination of the witnessF of this court;

1. Data to be investigated (CCTV analysis, etc.) and to cut CCTV;

1. Investigation report (the details of the seizure of damaged articles);

1. Photographs of each damaged article;

1. Investigation report (for statements made by victims and accompanying materials);

1. Investigation report (investigation into the place of purchasing damaged articles), history of purchasing, etc.;

1. Investigation report (to have a witness H telephone conversations);

1. Application of each protocol of seizure and statutes on the list of seizure;

1. Article 329 of the Criminal Act applicable to the facts constituting an offense and Article 329 of the choice of punishment;

1. The portion not guilty under Articles 70(1) and 69(2) of the Criminal Act, which is attracting a workhouse;

1. On November 14, 2016, the Defendants: (a) around 17:32 on November 14, 2016, the victim F and I residing in Pyeongtaek-si apartment E; (b) the victims opened a door using a cresh outside of the said accommodation; (c) the Defendants B waiting in the said scheme; (d) the Defendant A and C opened one slurf with the victim F, the market price of which is 100,000 won at which the victim F, located in the new site, was 30,000 won or more; and (e) one slurf with the victim F, the victim’s market price of which is 130,000 won or more, the victim I owned.

As a result, the defendants stolen the victims' property together.

2. The case where two or more persons of the latter part of Article 331(2) of the Criminal Act jointly stolen another’s property.

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