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(영문) 인천지방법원 부천지원 2017.12.06 2017고단2236
특수절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant and C conspired to steals another person's property in order to live together with the defendant and C, whose living costs fall, and

1. On September 16, 2017, at approximately 03:50 on the 03:50, Seocheon-si, D1, the passenger car owned by the victim E was found to have been parked, and C shall report the network around the surrounding area, and the Defendant shall annually take the door of the above passenger car not corrected and then take the 30,000 won in cash, 30,000 won, 1,2,000 won, 1,00 won, 1,00 won, 1,000 won, and 3,000 won in market value, 5,000 won, 1,000 won for merchandise coupons.

They go back.

2. On September 16, 2017, around 21:16, 2017, H 1 story G located in Seocheon-si, H 1st floor: (a) the Defendant: (b) the employees of the place; and (c) the Defendant, using the gaps in which surveillance was neglected, kept the lost articles in the market where the victim I was under custody.

Accordingly, the defendant stolen the victims' property together with C.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. A protocol concerning the interrogation of suspect C by the police;

1. Statement made by the police for E;

1. A written statement of I;

1. A protocol of seizure and a list of seizure;

1. A photograph of the contents of a conversation after closure;

1. Application of Acts and subordinate statutes to a report on investigation (CCTV investigation - Victims E), investigation report (Attachment to the conversation content of the market)

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The sentence identical to the order shall be determined by comprehensively taking into account the following circumstances for sentencing under Articles 53 and 55(1)3 of the Criminal Act, and the conditions of sentencing indicated in the record, such as the defendant’s age, occupation, sex, sex, family relationship, living environment, circumstances leading to the crime, and circumstances after the crime.

- The Defendant has been sentenced to 8 months of imprisonment with prison labor for special larceny in around 2012, 2 years of probation, protection observation, and 10 months of imprisonment with prison labor for habitual larceny in around 2015, 2 years of probation, and community service, respectively.

Nevertheless, the period of suspension of execution.

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