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(영문) 창원지방법원 2014.06.11 2014고단854
특수절도
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for ten months.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

The Defendants are game in the F Gameland in Kim Sea-si E.

When a person loses a large amount of money at a place that he/she became aware of, on March 3, 2014, he/she solicited to steal the money stored therein, and Defendant A prepared G wing and cutting vehicles and cutting machines and made a clerical error.

1. At around 01:40 on March 4, 2014, the Defendants came to the said F Gameland operated by the Victim H, and the Defendant A, at the entrance stairs of entrance entrance, opened the entrance door of the F Gameland with the above cutting machine and opened it well with the locks of the F Gameland, and opened it together with the Defendant B, with the cash equivalent to KRW 5 million in total, including KRW 90,000, KRW 100,000, KRW 100, KRW 500, KRW 8,000, and KRW 200,00,000, KRW 200,000.

As a result, the Defendants jointly destroyed part of the door at night and invaded on the structure, thereby thefting the victim’s property.

2. On March 21, 2014, at around 03:40, the Defendants invaded the said method in the F Gameland and carried 500 won cash equivalent to KRW 6,000 per annum owned by the victim and loaded the said cargo onto the cargo parking lot located around approximately 200 meters away.

As a result, the Defendants jointly destroyed part of the door at night and invaded on the structure, thereby thefting the victim’s property.

Summary of Evidence

1. Defendants’ legal statement

1. Application of the Act No. 1 to 6, and No. 8, the evidence list submitted by the prosecutor

1. Relevant provisions of criminal facts: Article 331 (1) and (2) of the Criminal Act;

1. Concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Discretionary mitigation (Defendant B) Articles 53 and 55 (1) 3 of the Criminal Act (i.e., confession and reflective points);

1. Suspension of execution (Defendant B) Article 62 (1) of the Criminal Act (Consideration of sentencing as follows);

1. Probation (Defendant B) Criminal Act;

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