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(영문) 인천지방법원 2016.05.12 2015고단7936
특수절도
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 24, 2015, at around 02:00, the Defendant, in collaboration with C and D, discovered G City 100 occa, which was set up by the victim F, around June 24, 2015, around 02:00, the Defendant: (a) discovered G City 100 occa, which was set up by the victim F, in front of the Nam-gu Incheon apartment apartment apartment D, Nam-gu, Incheon; (b) moved the above occa to the place without any person; and (c) took a back the above occa, which was forced to put the back of the occa; (d) however, the market price at which the victim owned the occa, who did not walk, abandoned the above occa in excess of KRW 30

2. On June 24, 2015, at around 02:30, the Defendant, in collaboration with C and D, discovered J City 2 Orala, set up by the victim I, on June 24, 2015, J City 2 Orala on the road south-gu, Incheon, and led the Defendant to the said Orala, without any person. On the other hand, the Defendant: (a) opened a key kids with D having kbbage and D, cut off the electric wires of kbbox; and (b) cut off C, by driving the above Orala in an amount of KRW 450,00,00 at the market price of the victim’s possession, by forcing the Defendant to do so.

3. On July 9, 2015, the Defendant, in collaboration with C and D on July 9, 2015, discovered 100 occa, in a city where there is no number plate set up by the victim L on July 9, 2015, and moved the above occa to the place where there is no person for occa, and then forced a movement by taking a back back back the above occa, but even though the occa was forced to go through a pedal, the market price at which the victim owned was no one for 350,000 occaba.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of each police in relation to C or D;

1. Application of each statute of L, F, and I written statements;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

1. Protection observation and:

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