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(영문) 의정부지방법원 고양지원 2013.07.05 2013고단755

특수절도

Text

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

On January 17, 2013, the defendant and C (the transfer of juvenile protection case on April 13, 2013) came to the front of the Goyang-gu D shopping district in Goyang-gu D shopping district around 19:00 on the 17th 19:00, the defendant reported the network on the flap road, and C approaching the victim E (the age of 12) by approaching the road, and C has no contact with the victim due to the lack of a mobile phone," while cutting off S 3 smartphones in the galth of the market price of 700,000,000,000 won from the victim, leaving the road to the location of the defendant, and getting off the call taxi in advance with the defendant.

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

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of each police suspect against C or F;

1. E statements;

1. Application of the Acts and subordinate statutes to the investigation report;

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

1. General circumstances recorded in the records, such as the fact that the defendant's mistake is against the defendant's wrong recognition, the fact that there is no other criminal record except the previous juvenile protective disposition once a year from the previous department, the degree of the crime is insignificant, and the age is still past);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);

1. It is so decided as per Disposition for the reason of not less than Article 62-2 of the Criminal Act;