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(영문) 서울남부지방법원 2019.05.14 2018고단5009 (1)
특수절도등
Text

A defendant shall be punished by imprisonment for six months.

However, 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

Around September 1, 2018, the Defendant, B, C, and D proposed that gold products be displayed at a gold bank, and attempted to commit larceny.

At around 15:10 on September 2, 2018, the Defendant, B, C, and D parked a passenger car in the vicinity of the GJ operated by the Victim F in Guro-gu Seoul Metropolitan Government, and the Defendant, B, and C parked a car in the vicinity of the bank.

D, as if he were to enter the G gold bank, sent the gold bar to the victim, and later went out from the victim who was able to get the gold bar, and then escaped from the nearby Defendant, B, and C, who was waiting in the vicinity.

The defendant, including this, committed a theft or attempted to steal the victims' property on three occasions together with B, C, and D, as described in the next list of crimes.

On September 2, 2018, 15:10 on September 2, 2018, 15:10, the victims of the crime list Nos. 5:10, the Defendant and B, and C, located in Guro-gu Seoul Metropolitan Government, waiting in the surrounding area, and brought D to show that the victim was a gold Ban equivalent to one million won in the market price. On September 2, 2018, 2018, “I” Defendant and B, and C, located in Seocheon-gu, Seocheon-gu, Nowon-gu, Seoul, were waiting in the surrounding areas, and D attempted to commit a theft. However, D attempted to commit a theft by stopping the commission of the crime, and even if D attempted to commit a theft, D’s waiting in the surrounding areas, and D’s attempt to stop the theft. However, D’s attempt to commit the crime was presented to D’s intent.

1. Defendant's legal statement;

1. Each interrogation protocol of the prosecution against C, B, and D;

1. Each written statement of F, J, and M;

1. Investigation report (related to the verification of CCTV images inside a bank);

1. Application of the Acts and subordinate statutes to CCTV photographs of vehicles waiting before crimes;

1. Article 331(2) and (1) of the Criminal Act applicable to the relevant criminal facts (the point of special larceny) and Article 331(2) and (1) of the Criminal Act.

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