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(영문) 인천지방법원 2016.01.14 2015고단7616

특수절도

Text

Defendants shall be punished by imprisonment for six months.

However, as to the Defendants, it is between one year from the date of the final judgment of this case.

Reasons

Punishment of the crime

On August 25, 2015, at around 05:23, the Defendants: (a) reported the victim E’s cell phone set up and temporarily set up a cell phone in the Bupyeong-gu Incheon, Bupyeong-gu, Incheon; and (b) conspired to steals.

Accordingly, Defendant A, when galloning a gallon equivalent to KRW 600,000,000 in the market value of the victim's side, was 1 smartphones, and Defendant B and C committed a theft of another's property by combining it with a method of viewing the network from side.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the interrogation of each police suspect with regard to C;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to investigation reports (CCTV verification investigation);

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the said Act (The following extenuating circumstances shall be considered among the grounds for sentencing);

1. Reasons for the suspended sentence under Article 62(1) of the Criminal Act (the grounds for the suspended sentence) [the scope of the recommended punishment] [the grounds for the sentencing] of Article 62(1) of the Criminal Act (the grounds for the sentencing as set forth below] [the grounds for the suspended sentence] of the basic area (from June to January 1, and June) of Article 62 (1) of the Act on Larceny for general property] (the decision of sentencing was not reached with the victim] (the decision of sentencing was not reached, the victim returned stolen goods, the victim recognized the commission of the crime, the fact that the victim did not have any career, the degree of damage, the age, sex, environment of the defendants, the motive and background leading to the instant crime, the circumstances after the commission of the crime, etc. shall be determined as set forth