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(영문) 울산지방법원 2019.05.17 2019고단387
특수절도
Text

Defendants shall be punished by imprisonment for six months.

However, as to the Defendants for one year from the date of the final judgment of this case, the Defendants are above.

Reasons

Punishment of the crime

In order to raise living expenses, etc. while staying together, the Defendants: (a) expressed that they wanted to enter a home and live together; (b) in the gold room operated by a mixed customer, they scam the gold rums, etc.; (c) Defendant B and Defendant C were engaged in scaming as if they did so; and (d) Defendant A were able to take charge of the scambling of things by taking advantage of the scam.

At around 19:00 on January 15, 2019, the Defendants: (a) entered the “F” bank operated by the victim E located in Daejeon Dong-gu Daejeon-gu; (b) as the Defendant B and the Defendant C first saw so that they could look at sofing; (c) Defendant A followed the victim as if he did not go through, and (d) received one gold scrap from the victim; (b) Defendant C was waiting to go out of the victim; and (c) Defendant B and Defendant A continued to live together with the goods and arranged the inside of the victim; and (d) Defendant B and Defendant A got out of the market price of KRW 1,200,000,00,000; and (c) Defendant B and Defendant A got out of the market price of KRW 1,50,000.

As a result, the Defendants, together, stolen the property owned by the victim with the total market value of KRW 2.7 million from that time until January 17, 2019, and stolen the property owned by another person, which is the total market value of KRW 8,940,000,000, total market value, together with three times as shown in the list of crimes.

Summary of Evidence

1. Defendants’ legal statement

1. Each written statement of G, H and E;

1. Each protocol of seizure, each list of seizure, and each photograph of seized articles;

1. Application of Acts and subordinate statutes to CCTV photographs in each field;

1. Relevant Article 331(2) and (1) of the Criminal Act concerning the Defendants who choose the applicable criminal facts and punishment:

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

1. Defendants with discretionary mitigation: Articles 53 and 55 of the Criminal Act.

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