logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2015.09.08 2013고단1825
특수절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

C On March 2013, after having known that the housing located in Yongsan-gu Seoul Metropolitan Government D was vacant due to fire, he opened a entrance without a corrective device, and entered the housing in which repair work was in progress, and used Defendant A and E as a place for a night, such as drinking alcohol.

1. Defendant A, C, and E’s co-principal activities: (a) on March 2013, 2013, Defendant A, and C, and E: (b) on the foregoing housing; (c) on the outside of the network; and (d) Defendant A opened a boiler and stoves equivalent to KRW 800,000 in the market price of the victim F owned by the construction business operator, with the pipe rental held in advance with E, in turn.

As a result, Defendant A stolen the victim’s property together with C and E.

2. Joint criminal conduct of Defendant A and E;

A. On March 2013, Defendant A and E opened the entrance door corresponding to KRW 800,000 on the victim F’s market price by using a pipe siren that was previously possessed in the above house.

As a result, Defendant A stolen the victim’s property together with E.

B. On March 2013, Defendant A and E brought an 16,000 water supply taps equivalent to 16,00 won in the market price owned by the victim using a pipe siren held in advance in the above house.

As a result, Defendant A stolen the victim’s property together with E.

Summary of Evidence

1. Defendant A’s legal statement

1. Examination protocol of suspect C by the prosecution;

1. Each police suspect interrogation protocol of Defendant A, E, G, H, and I;

1. Application of Acts and subordinate statutes to the F Statements;

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspension of execution is that the Defendant removed the heating and water supply facilities installed in the above house from his accomplices while he used the above house temporarily in the place of old accommodation without permission, along with his accomplices.

arrow