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(영문) 수원지방법원 안양지원 2016.11.24 2015고단1559 (2)
특수절도
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

[2015 Highest 1559] On June 27, 2015, the Defendant 2, C, and the Defendant 3:00 on Jun. 27, 2015, put the gap where night surveillance was neglected at the night at the night site of river side construction materials in front of the Manan-gu Man-gu D apartment, the Defendant and B saw 5 of alkin aluminium located in a vinyl-si owned by the construction manager E, which was covered by vinyl E, to be outside of the night site by cutting out five of alkinium (the sum of the reported price by the victim) of alkinium owned by the victim inside and outside of the vinyl-si, and C putting it out into the open site.

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

[2016 Highest 130] On January 8, 2016, the Defendant, at G convenience stores located in Ansan-si F, Mayang-si around January 23:15, 2016, placed the victim H on the cash automatic machines installed there, and stolen the Defendant with cash of KRW 300,000,000 owned by the victim.

Summary of Evidence

[2015 Highest 1559]

1. Statement B in the second protocol of the trial;

1. C's statement in the fourth trial record;

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to I and J;

1. A E-document;

1. Seizure records;

1. A copy of the purchase account book (2016 highest 130);

1. Police suspect interrogation protocol of the accused;

1. Each investigation report (CCTV and witness, and the reproduction of suspect);

1. The national inquiry;

1. Details of withdrawal;

1. Application of the Acts and subordinate statutes to screen pictures following each CCTV closure;

1. Relevant legal provisions concerning criminal facts, Article 331(2) and (1) of the Criminal Act that choose a punishment (the point of special larceny) and Article 329 of the Criminal Act;

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 (1) of the Criminal Act;

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