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(영문) 서울남부지방법원 2019.01.30 2018고단5530
특수절도
Text

1. Defendant A shall be punished by imprisonment with prison labor for one year;

except that the sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 27, 2018, the Defendants planned to detect type-type machinery owned by the Victim F (33 years of age) from the time when Defendant B was driving along the vehicle on the front side of the “D Burial” located in Gangseo-gu Seoul Metropolitan Government, Gangseo-gu, Seoul. On September 27, 2018, the Defendants planned to cut down the type-type machinery owned by the Victim F (33 years of age) and to cut down the goods inside the machinery.

Defendant

B During the period of carrying the vehicle onto the side of the machine extracted by string off the vehicle, leaving the surrounding area, and viewing the network, the Defendant A cut the locks of the machinery using the cutting machine (a 60 cm, vertical 10 cm) being kept on the vehicle, and then cut off the machine, and then cut off one red ginseng sheet in the sum of KRW 11,500,000 in cash owned by the victim and the market value of KRW 40,000 in total, KRW 11,50,000 in cash in the vehicle, one damp, one wireless microphone, and one bit on the vehicle, and the Defendant B driven the vehicle while carrying the vehicle on the vehicle.

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

At around 02:32 on September 27, 2018, Defendants 2019dan75 found machinery extracted from a type of body operated by Defendant B I while getting on and off “H” vehicle in front of the restaurant in Sinti City, Ha. Defendant A reported the network from the side of the machinery, and Defendant B cut off the locks corrected in the string machine in advance, and then cut down approximately KRW 270,000,00,000,000,000 won, market value, and figures were stolen.

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

Summary of Evidence

[2018 Highest 5530]

1. Defendants’ respective legal statements

1. A written statement of the F;

1. Statement of the police seizure and list of seizure; 1. Search and photograph of on-siteCCTV video recording materials;

1. The photograph of seized articles (2019Nodan75);

1. Defendants’ respective legal statements

1. Statement of the police statement to I;

1. A written statement of I;

1. Hearing statements from the injured party for internal investigation;

1. On-site CCTV reports (verification of CCTV images);

1. Investigation report (specific suspect);

1. A report of investigation (specific in cash for the damage);

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