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(영문) 수원지방법원 성남지원 2015.04.09 2014고단2993
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

The defendant, who entered a church from the middle school line C to receive a proposal to steal the unconstitutional plastic bag, and agreed to do so, after confirming the location of the unconstitutional box and the location of CCTV installed for the branch church, etc., the defendant as well as C, and in relation to the specific division of roles, the defendant reported the network mainly to the defendant, and C conspired to steal the unconstitutional plastic bag directly by making use of the bar garrising machine.

The Defendant, along with the foregoing C around April 2013, at the spring water church meeting located in Sungnam-si, Sungnam-si, 131-1, called the church entrance, and opened the elevator with the entrance of the church, and opened the entrance of the second floor, and the Defendant reported the network around the surrounding area, and C, in advance, attached a tape at the top of the bar bed and collected at the entrance of the Hun-gu, with a 100,000 won bag attached to the tape, in a way that the Hun-Ba bag attached to the tape, taken a 15th unit of the Hun-Ba bag owned by the victim's spring water church in which the 15th unit of the Hun-Ba bag was attached to the tape. From May 2, 2012 to February 2, 2014, the Defendant did not take out or did not take out the money out of the Hun-Ga bag or the money in the amount of the Hun-Ga bag containing the 180,000 won envelope.

Accordingly, the defendant, together with C, stolen or attempted to steal the unconstitutional bags owned by the victim church.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol regarding C;

1. Each police statement made to D, E, and F;

1. Application of Acts and subordinate statutes to investigation reports (Evidence List 5, 7, 9, 19);

1. Article 331(2) and (1) of the Criminal Act (the occupation of special larceny) concerning the facts constituting an offense, and Articles 342 and 331(2) and (1) of the Criminal Act (the occupation of attempted special larceny) of the same Act;

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

1. Discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act;

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