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(영문) 광주지방법원 목포지원 2018.01.18 2017고합114
특정범죄가중처벌등에관한법률위반(절도)
Text

Defendant

A Imprisonment with prison labor of two years and six months, and Defendant B shall be punished by imprisonment with prison labor of one year.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

Defendant

A was sentenced to five years of imprisonment for habitual special larceny in the Gwangju High Court on May 25, 2017 and completed the execution of the sentence on September 6, 2017.

The Defendants thought that Defendant A’s operation of the last car in the E body owned by Defendant A, entering the residence of Gyeonggi-do and Jeonnamdo where no person exists and stolen money and valuables.

On September 21, 2017, the Defendants set the last car in the vicinity of the said dwelling area and set the front car in the vicinity of the said dwelling area, and reported the network where the Defendants were in the vicinity of the last car driver’s seat, and the Defendant A opened a bera window and opened it to the room where the victim G located in the said area and opened the room with a single 1.5 million won of the market price of the victim G located in the said area, which is the victim G, of which the amount of KRW 500,000 of the market price is KRW 50,000 of the market price.

In addition, from the above day to September 28, 2017, the Defendants stolen money and valuables equivalent to KRW 3.5 million at the market price, which is the victims’ possession, on a total of four occasions, as shown in the list of crimes in the attached Table.

As a result, the defendants stolen the victims' property together.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement of H, I, G, and J;

1. Each protocol of seizure and list of seizure (106 pages, 107 pages, 479 pages, 480 pages) and each protocol of seizure (156 pages, 322 pages or less of the investigation records);

1. On-site investigation reports (on-site investigation), internal investigation reports (specific vehicles for suspect), investigation reports (specific vehicles for suspect), investigation reports (Attachment of photo of strings), investigation reports (Comparison photographs of strings and strings of strings), investigation reports (Comparison photographs of strings and strings of strings and strings), investigation reports (influoring of official and strings), investigation reports (specific co-offenders), investigation reports (verification of WAS photographs), investigation reports (verification of WAS photographs), investigation reports (Attachment of WAS photographs), internal investigation reports (Attachment of photo of strings), and victims.

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