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(영문) 대구지방법원 경주지원 2015.12.22 2015고단778
특수절도
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 April 2014, 2014, the Defendant and C, on the first day of April 2014, at around 10:00, at around 10:00, come to the house of Victim E, the date of which C came to the house, and C, upon entering the house, found money with C, and the Defendant entered the house in accordance with C, and found money with C at the house before the house. The Defendant discovered money at the inside and outside of the house and carried 10,000 won in cash owned by the victim.

As a result, the defendant and C stolen the victim's property together.

2. On November 2014, 2014, the Defendant and C had been in the house of the Victim G, 11:00 on the first day of the mid-term period of November 201, 2014, and around 11:0, the Defendant and C had the cash of KRW 100,00 in the victim’s possession by finding money from the inside of the house. C had a window and opened the house in excess of the wall, and sought money by entering the house in the same manner as C in accordance with C, and the Defendant found money from the house in the same manner as C. In addition, C had the cash of KRW 1,000 in the victim’s possession.

As a result, the defendant and C stolen the victim's property together.

3. Around March 13, 2015, the Defendant and C reached the same place as indicated in paragraph (2) around March 13, 2015, and around March 13, 2015, and C opened a window and find money into the house after having exceeded the fenced. The Defendant found the network before the house in the same manner as C, and entered the house in the same manner as C, and the Defendant carried money with C with the victim’s market price, one half of 1 million won in cash, and one hundred and fifty thousand won in cash.

As a result, the defendant and C stolen the victim's property together.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol regarding C;

1. G statements;

1. Investigation report (Attachment of photographs, such as the residence of the victim G);

1. Application of statutes on field photographs;

1. Article 331 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;

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. Article 62 of the Criminal Act:

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