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(영문) 수원지방법원 성남지원 2014.03.21 2014고단99
특수절도등
Text

Defendants shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendants conspired to see the so-called “tax-free taxi hair” in a way of distribution from D, which had been known prior to the shortage of living expenses, due to the lack of living expenses while coming and living together.

1. Around 03:50 on Nov. 9, 2013, the Defendants found G-si E On the street parking lot owned by the victim F at Sungnam-si, Sungnam-si, and C. A, Defendant B, in advance, prepared in front of the right edge of the si and the door frame, plpl up and pl up the string, and damaged the strawer, and at the same time, set off the strawer in the glass window. Defendant A brought about KRW 20,000 cash owned by the victim F-owned by the victim who kept the string in the string while putting the string in front of the front edge of the si and the door frame. Defendant A brought about KRW 20,000,000 in cash owned by the victim F.

The Defendants, from that time until December 7, 2013, brought the total of KRW 130,400 in cash over four occasions, as described in the attached list of crimes, from that time until December 7, 2013.

Accordingly, the Defendants jointly stolen the victims' property.

2. From December 8, 2013, the Defendants found the victim I’s J-owned taxi that was parked in front of H in Sungnam-gu, Sungnam-gu, Seoul Special Self-Governing Province around 03:0 on December 8, 2013, and subsequently did not commit an attempted theft, even though they did not commit a theft because they did not have any goods to be stolen.

As a result, the defendants attempted to steal the victim's property jointly.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to K and I;

1. Application of the respective Acts and subordinate statutes of F, L and M;

1. The Defendants of relevant legal provisions concerning criminal facts: Articles 331(2) and (1) of the Criminal Act (the occupation of special larceny), 342, and 331(2) and (1) of the Criminal Act (the occupation of attempted special larceny)

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act

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