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Reasons
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(영문) 수원지방법원 2013.08.23 2013고단1388
특수절도등
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Defendant

A shall be punished by imprisonment with prison labor for a year and two months, and by imprisonment with prison labor for a period of ten months.

, however, from the date this judgment becomes final.

Reasons

Criminal facts

1. Defendants

A. At around 01:40 on March 22, 2013, the Defendants: (a) reported the network in front of the above warehouse; and (b) Defendant A opened a door and opened a door to the victim’s possession; and (c) operated both with 100 km and fmath car at the victim’s market price, which is 4 million won.

As a result, the defendants stolen the victim's property together.

B. The Defendants were to receive special larceny around 01:00 on March 27, 2013. Defendant B reported the network in front of the said warehouse; Defendant A opened a door after cutting the locked with the cutting machine and opened the door and opened the door, and did not commit an attempted crime with 50 km electric wires equivalent to KRW 2.5 million at the market price of the said victim E, which was located in the said place.

As a result, the Defendants did not commit a theft of the victim's property, but did not commit an attempted crime.

2. Defendant A’s above 1.B.

When it was discovered to the victim E at the time and place indicated in the port that the former cable was stolen and added to the victim, it was committed by assaulting the victim, such as leaving the body in order to escape arrest and pushing the victim over, thereby causing the victim to suffer injury, such as knee-deed knee-con, tension, etc. on the treatment days.

Summary of Evidence

1. Defendants’ legal statement

1. E prosecutorial statement;

1. Seizure records;

1. Application of Acts and subordinate statutes concerning photographic images;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 331(2) and (1) of the Criminal Act (the point of special larceny), Articles 342, 331(2) and (1) of the Criminal Act (the point of attempted special larceny), Articles 262, 260(1), and 257(1) of the Criminal Act (the point of causing violence and the choice of imprisonment)

B. Defendant B: Article 331(2) and (1) of the Criminal Act (a) and Article 342 of the Criminal Act.

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