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(영문) 서울동부지방법원 2014.11.06 2014고단1124 (1)
특수절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 2, 2013, the first-aid defendant C, who violated the Punishment of Violences, etc. Act (joint residence intrusion), proposed to intrude the above school dormitory with the Defendant by advertising the fact that students in E schools located in Gwangjin-gu Seoul Special Metropolitan City D, who were dismissed as a patrolman, came to know of the fact that students go through an English campaign for one week.

Around January 13, 2014, the Defendant and the upper-tier Defendant C infringed upon the entrance door of the above No. 401 and the entrance door of the above No. 301. Around January 13, 2014, the Defendant and the upper-tier Defendant C applied wire ropes to the stairs of the building adjacent to the above dormitory, and opened the wire ropes and opened the scroke and opened the scroke and did not correct. The Defendant intruded the above 401 entrance.

Accordingly, the Defendant infringed upon the residence of the above E-school students in conjunction with the above E-school Defendant C.

2. At around 14:00 on January 14, 2014, the Defendant of special larceny and the Defendant: (a) cut off the victim F with one air-conditioner at the market price equivalent to one million won managed by the said victim, one set of TV sets in an amount equivalent to one million won in the market price, one set of TV sets in an amount equivalent to 300,000 won in the market price; (b) three set of money laundering in an amount equivalent to 100,000 won in the market price; (c) one set of money laundering in an amount equivalent to 100,000 won in the market price; and (d) one set of money laundering in an amount equivalent to 100,000 won in the market price.

Accordingly, the defendant stolen the victim's property together with the defendant C.

Summary of Evidence

1. Legal statement of the defendant and the ordinary defendant C;

1. The police suspect interrogation protocol of H;

1. Application of the police protocol of statement to F;

1. Article 2 (2) and (1) 1 of the Act on the Punishment of Violences, etc. of Crimes, Articles 319 (1), 331 (2) and (1) of the Criminal Act concerning the punishment of crimes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The grounds for sentencing under Article 62(1) of the Criminal Act are as follows.

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