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(영문) 의정부지방법원 2013.04.30 2013고단621

특수절도

Text

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

Reasons

Punishment of the crime

At around 22:00 on July 7, 2012, the Defendant came to gather from “E”, which was operated by the victim D located in Kui-si City, the Defendant continued to have nine smartphones listed in [Attachment] Nos. 1 through 9, 200, prior to the “E” store, and, in combination with F, the Defendant reported the network at the above date, at the above location, and at the above location, the Defendant removed the corrective device from the back door of the store, and opened the door back and back, and opened the door, and set up the door, and set up the part of the corrective device in front of and back to the store, with the victim’s market value of KRW 792,00,00 (S-F120S, 32706), which was located in the store stand, and continued to have nine smartphones listed in [Attachment] Nos. 1 to 1 to 1 to 900,190,3100 or more of the market price of the said smart store.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of F by prosecution;

1. The police statement concerning G;

1. Details of theft handphones;

1. Application of the relevant Acts and subordinate statutes to field photographs andF description maps of the suspect;

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

1. Scope of the final sentencing guidelines for sentencing under Articles 53 and 55(1)3 of the Criminal Act: The scope of the final sentencing guidelines recommended from June to May: From August of imprisonment to January of the year: In a case where there is no aggravated element of the larceny standard for the theft standard for general property among the theft crime group [type of crime] in a case where there is no aggravated element: In a case where intrusion into a place other than an indoor residential space [the scope of the recommending sentence] mitigation area (from August of imprisonment to June of the year of imprisonment): In a case where two or more persons are combined, the same criminal conviction and mitigation element that do not constitute a repeated crime: