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(영문) 대전지방법원 천안지원 2019.08.23 2019고단132

특수절도

Text

Defendant

A Imprisonment with prison labor for six months and for two years, respectively.

A seized rums.

Reasons

Punishment of the crime

"2019 Highest 132"

1. The Defendants’ co-principal-related Defendants: (a) destroyed the glass of the cell phone store; (b) stolen the cell phone in their storage; (c) Defendant A directly committed a crime; and (d) Defendant B conspired to share the role of disposing of stolen goods by Defendant A.

(In the facts charged, there are parts regarding the Defendants’ conspiracys that “Defendant A committed a crime under the direction of Defendant B,” but the following evidence reveals that there is a conspiracy of facts as stated in the judgment, and thus ex officio deletion is made.

On December 29, 2018, the Defendants: (a) followed the above conspiracy, and (b) around December 29, 2018, Defendant A destroyed the front glass of the aforementioned mobile phone agency with the brickd stones prepared in advance; and (c) infringed upon the victim E-owned market value of KRW 23,99,800, the total market value of the victim E in storage in the store.

As a result, the Defendants conspired to destroy part of the structure at night, and thereby stolen the property of the victim.

B. On January 6, 2019, the Defendants: (a) carried out 12 mobile phones in total amounting to KRW 360,000,000,000 in the market price of the victim I, which was kept in the store in the same manner as the entries in paragraph (1) at the Seo-gu, Seo-gu, Seo-gu, Incheon, and G H H store around 04:40, Jan. 6, 2019; (b) around 360,000,000,000 won in total, including 11 mobile phones and 330,000,000 won in the market price.

As a result, the Defendants conspired to destroy part of the structure at night, and thereby stolen the property of the victim.

2. Defendant B’s sole criminal conduct

A. On January 7, 2019, the Defendant: (a) invadedd the front glass of the instant mobile phone agency with a brick prepared by K in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seocheon-gu; and (b) infringed on the victim’s market price owned by the victim while in storage in the store.