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(영문) 인천지방법원 2017.07.06 2017고단3142
특수절도
Text

Defendant

A shall be punished by imprisonment with prison labor for a year and two months, and by imprisonment with prison labor for a year.

Reasons

Punishment of the crime

On April 23, 2017, at around 23:02, the Defendants: (a) reported the network to “G” page operated by the Victim F in Gyeyang-gu Incheon, E; (b) Defendant B opened and intruded into the entrance by a drinking water bottle in the neighborhood with a locking the window, opening the door in which he was locked; (c) the Defendants removed a small credit cooperative with a cash of KRW 395,000 on the part of the victim located in the West-west; (d) returned to the said place on April 23:15, 201; (e) reported the network to Defendant B; and (e) infringed upon the victim A; and (e) took advantage of the keys’s key in which cash was stored on the front line, and then, the Defendants jointly stolen the victim’s property by taking the victim’s property jointly.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to photographs of seized articles, such as field photographs, CCTV images, etc.;

1. Defendants of the pertinent legal provision on criminal facts: Reasons for the sentencing of Articles 331(2) and 331(1) of the Criminal Act / [Determination of type] 4 (Special Sentencing) of the thth th th th th th th th th th st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st st

However, in the instant case, while the Defendants were drinking alcohol, Defendant A did not have CCTV at the damaged place, and Defendant A proposed to commit a crime.

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