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(영문) 대구지방법원 2013.11.08 2013고단5431

특수절도

Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the conclusion of the judgment, each of the above defendants is against the defendants for one year.

Reasons

Criminal facts

On April 3, 2013, at around 02:13, the Defendants discovered the victim G from the third floor of the Fju point located in Daegu Jung-gu E with the second floor to dance, and conspired with the thefter.

Accordingly, Defendant B and D reported the network, Defendant A passed through a smartphone on the table, Defendant A cut the floor with left hand, and immediately walked a smartphone with the opposite direction, and Defendant B and D left one of Samsung Gallon 2 smartphones, the market price of the victim's ownership of which is equivalent to KRW 1 million.

Accordingly, the defendant stolen the property owned by the victim jointly.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police suspect interrogation protocol against D, H, and I;

1. Each police statement to G and J;

1. Application of CCTV photographs and mobile phone photographs Acts and subordinate statutes;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decisions 201Do1148, Apr. 1, 201; 201Do1148, Apr. 2

1. Article 62 (1) of the Criminal Act for a suspended sentence (the grounds for discretionary mitigation repeated);