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(영문) 대구지방법원 2015.04.16 2013고단4247 (1)
특수절도
Text

Defendants shall be punished by imprisonment for six months.

However, for two years from the date this judgment became final and conclusive against the Defendants.

Reasons

Punishment of the crime

1. On April 24, 2013, the Defendants, in collaboration with C, discovered and stolen bicycles equivalent to 130,000 won at the victim E-owned market in the 13th floor, while getting out of the D apartment 108-dong, Gyeongbuk-si, Gyeongbuk-si, in order to get out of the elevator up to the uppermost floor, and black up the bicycles to be stolen.

2. At around 21:50 on June 8, 2013, the Defendants, in collaboration with C, moved the elevator from the above D apartment 104 to the front floor, and colored the bicycles to be stolen. At the 503 corridor, the Defendants: (a) one bicycle with a known amount of at least 300,000 won at the victim’s market price from the corridor of 503, one bicycle with a known amount of at least 300,000 won at the victim’s market price from the corridor of 108,000,000 won; and (b) by the same method from the corridor of 108,000,000 won at the market price of the victim’s H, the victim’s market price was at the same 10,000,000 won.

Summary of Evidence

1. Each police interrogation protocol against the Defendants and C

1. The police statement concerning G;

1. Each written statement of E, H and F;

1. Protocols of seizure, list of seizure and submission at will;

1. Application of Acts and subordinate statutes to CCTV photographs;

1. Defendants of relevant legal provisions concerning criminal facts: Article 331(2) and (1) of the Criminal Act

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Discretionary mitigation Defendants: Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 201Do1488, Apr. 2, 2011);

1. Defendants on probation: It is so decided as per Disposition by the assent of all participating Justices on the grounds of Article 62(1) of the Criminal Act.

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