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(영문) 서울중앙지방법원 2016.03.25 2016고단304

특수절도

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, as a foreigner of his nationality of the same monmon, conspiredd with C (guilty guilty), D (Suspension of Prosecution) and victim E mobile phone, a foreigner of the same monmon nationality, and, around 19:00 on February 27, 2015, at the entrance of the subway No. 4 of the Seoul Jongno-ro 288, the subway No. 19:00 on February 27, 2015, the above C took off one cell phone of the victim's 6 mobile phone of the victim's own right-hand 1,00,000 won in the victim's right-hand mon, and the defendant and D moved with the above C, while moving with the above C, they seeed C's back.

Accordingly, the defendant, C, and D stolen one cell phone of the victim together with the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. E statements;

1. Application of Acts and subordinate statutes to investigation report (CCTV perusal and transportation card number verification);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The sentencing conditions stated in the records of this case, such as the defendant's age, sex, family relationship, family environment, motive and means of a crime, and circumstances after a crime, shall be determined as per Disposition, taking into consideration the following two factors: (a) the defendant, who was sentenced to the sentence of the type No. 3 (large to August 2) in the basic sphere of sentencing (the sentencing of this case) under Article 62 of the Criminal Act; (b) the scope of the punishment recommended for the reason of sentencing under Article 62 of the suspended sentence; and (c) the accused confessions and reflects the crime of this case; and