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(영문) 인천지방법원 2017.05.11 2017고단2397
특수절도등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 24, 2017, the Defendant, along with C and D, discovered that the door of a G Nana vehicle owned by the victim F, which was parked on the street in front of Incheon Southern-gu, Incheon, on February 24, 2017, had been set up in the said vehicle without locking. The Defendant and C reported the network in the surrounding area. D opened a door of the vehicle and putting it into that door, 30,000 won in cash owned by the victim, and 110,000 won in the market value.

Accordingly, the defendant stolen the victim's property together with C and D.

2. On February 25, 2017, the Defendant: (a) along with C, D, and person infinite name; (b) on February 25, 2017, around 03:46, the Defendant, C, and a person infinite in an apartment parking lot of an apartment building in the 440 new-dong-dong-dong-dong-ro, Namdong-gu, Incheon, Namdong-gu, Incheon, with the network around the area; and (c) D opened a door that was not corrected by the victim H-owned market price of KRW 4 million, and used the key stored in the vehicle to drive the vehicle, and the Defendant, C, and a person infinite name, who reported the network, carried the vehicle on board the vehicle.

Accordingly, the defendant stolen the victim's property together with C, D, and non-name victims.

3. On March 2017, the Defendant: (a) opened a incombustible apartment near K Hospital located in Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Self-Governing Officer; and (b) removed KRW 200,000,000 in cash from the market price in which the victim’s name is in an unexpected possession.

L. A. L. theft was committed.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of each police in relation to C or D;

1. Each statement of F and H;

1. Application of seizure records (voluntary submission), list of seizure, and submitted statutes;

1. Relevant provisions of the Criminal Act and Articles 331(2) and 331(1) of the Criminal Act (the point of special larceny) concerning criminal facts, and Article 329 of the Criminal Act (the point of intention and the choice of punishment by imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55(1) of the Criminal Act for mitigation of amount;

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