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(영문) 수원지방법원 2017.05.19 2016고단8234
야간주거침입절도
Text

Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

Reasons

1. The summary of the facts charged is that the Defendants were employed by the security service company with the victim M (36 tax) and the Defendants and N had been aware that they had been on duty before and after the workplace.

During the period from January 19, 2012 to January 21, 2012, the Defendants were drinking together with N in the mutual infabar “Bar” located in the inner world of Ansan-si from January 19 to January 21, 2012, Defendant A intended to have the Defendant B and N receive a large amount of cash in the victim’s M’s residence, so as to have the Defendant B and N divide the money by taking the victim’s theft.

Around January 23, 2012, N proposed a crime, and notified the victim that he/she would steals money as he/she loses 80 million won by gambling via the Internet, and that he/she would need money, and he/she would take up the location of the victim's residence from the defendant A, and ultimately, the Defendants conspired to steals money from N and the victim.

On January 23, 2012, N has invadedd the residence of the victim No. 101, 803, 19:45, Suwon-si, Suwon-si on January 23, 2012 and had cash of KRW 225,00,000 and KRW 5,000,000.

Accordingly, the Defendants committed a theft of the victim's property in collusion with N.

2. Determination:

A. Article 30 of the Criminal Code provides that two or more principals jointly commit a crime. In order for a joint principal offender to be established, a subjective requirement is required to commit a crime through functional control based on the intention of joint processing and objective requirements.

Joint processing intention is not sufficient to recognize another person's crime but to accept it without preventing it, and it should be one of the joint intent to conduct a specific criminal act, and it should be to shift one's own intention to implement another's act by using another person's act.

Therefore, in order to judge that joint principals are established, the whole process of realizing crimes is going through.

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