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(영문) 대구지방법원 2019.02.20 2019고단94
특수절도
Text

Defendant

A Imprisonment with prison labor for six months and for ten months, respectively.

except that from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 01:30 on November 9, 2018, the Defendants’ co-principaled Defendants: (a) opened a string door, which was set up by the Defendant B, in the door of the victim D (the age of 86) located in the Cheong-do Cheong-do Cheong-do Cheong-gun; (b) opened a string door, which was prepared in advance by the Defendant B; and (c) opened a string door, where the market price of the victim’s possession on the 2nd Seo-do west, is unknown, the Defendant A entered the string door, the 2nd unit, the franchise, and the 1st television, which was prepared in advance.

Accordingly, the Defendants jointly stolen the property owned by the victim.

2. Defendant B

A. On October 2018, the Defendant: (a) around the end of October 2018, at the residence of A located in the Cheongdo-gun, Cheongdo-gun; (b) around the front door, the Defendant moved two boxes of a box containing a building up to the front door; (c) the Defendant carried a box for the said building up to the front door by loading the box up to the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif

As a result, the defendant stolen the property owned by the victim together with A.

B. On November 10, 2018, the Defendant and A had six boxes in total equivalent to KRW 600,000,000, total market price of the above victim F owned by the said victim, which was accumulated on the front door in the same manner as the described in paragraph (a) around 01:0 on November 10, 2018.

As a result, the defendant stolen the property owned by the victim together with A.

Summary of Evidence

1. Defendants’ legal statement

1. Protocol concerning the interrogation of the Defendants by the prosecution

1. Application of each statute of the D and F

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

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

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act;

1. Defendants on probation: Article 62(1) of the Criminal Act;

1. Defendants of the community service order: Sentencing Article 62-2 of the Criminal Act.

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