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(영문) 서울동부지방법원 2015.01.22 2014고단3442

특수절도등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. The Defendant: (a) around December 2013, at the main point of “N” located in the Busan East-gu M, Busan-gu, the victim O was placed with one unit of Samsung Ggalthro 2 mobile phones, one resident registration certificate, one post office post office physical card, and one unit of our Vec card, respectively, in which the market price on the part of the victim, which was on the table table, was an amounting to KRW 1 million.

From around that time to March 8, 2014, the Defendant carried out a mobile phone, etc. worth KRW 10 million in total, from the main point of Busan and Seoul, through the same method over 12 times, as shown in the attached list of crimes.

Accordingly, the defendant stolen the victims' property.

2. On March 18, 2014, the Defendant: (a) stolen a mobile phone and stolen a mobile phone on the left left side from R (the suspension of indictment on the same day) at the main point of “ Qu” located in the Seoul Gwangjin-gu Seoul Special Metropolitan City P on March 18, 2014; and (b) stolen a mobile phone on the right side.

Thus, the defendant ballon 3 mobile phone balthot, which is equivalent to the market value of Samsung T owned by the victim S and the victim T, 1 million won, and R 3 mobile phone balthot, which is equivalent to the market value of Samsung T owned by the victim S, 90,000,000 won, 90,000 won.

Accordingly, the defendant stolen the victims' property together with R.

Summary of Evidence

1. Defendant's legal statement;

1. Second police interrogation protocol on R;

1. Each police statement to T, S, and U;

1. Each statement of telephone with respect to U,V, W, J, X, and Y, F, and Z;

1. Each police seizure record and the list of seizure;

1. Application of Acts and subordinate statutes to a report on investigation (related to investigations into such crimes);

1. Articles 331(2) and (1), and 329 of the Criminal Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 333 (1) of the Return Criminal Procedure Act;

1. The first crime;