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(영문) 서울동부지방법원 2014.04.10 2013고단2012 (1)

특수절도등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[2013 Highest 2012] On April 8, 2013, the Defendant, along with C on April 8, 2013, at the PC room located in Seongdong-gu Seoul Metropolitan Government “Egrona” in Seongdong-gu, Seoul, the Defendant: (a) laid down the victim F with a gallon 2 cellular phone at the market price equivalent to one million won on the books of the PC computer on the books of the PC; (b) C was seated with the victim’s cell phone; and (c) the Defendant was able to take the PC at the entrance of the PC while he steals stolen the victim’s cell phone.

As a result, the defendants stolen the victim's property together.

[2013 Highest 272] From around 15:00 on October 3, 2013 to 16:30 on the same day, the Defendant stolen the Defendant, with one bank owned by the victim, one wall, seven wall, seven wall, one long-term, one wind-term, one wind-driven, one handbrop, one new car, and one earphone, one total market value of 175,000 won in the middleest area of the victim’s home displayer area located in Jung-gu Seoul Metropolitan Government from around 16:30 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of suspect by the prosecution against the defendant or C;

1. The police statement concerning G;

1. A written statement;

1. Application of Acts and subordinate statutes to investigation reports (related to stolen business operators), receipts, and photographs of damaged articles;

1. Article 331(2) and (1) of the Criminal Act applicable to the relevant criminal facts and Article 329 of the Criminal Act;

1. Selection of imprisonment with prison labor as a matter of choice (or larceny in a market);

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

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. 법률상 처단형의 범위 : 징역 6월 ∽ 7년 6월

2. 양형기준상 권고형의 범위 : 징역 6월 ∽ 1년 6월 [절도범죄군, 일반재산에 대한 절도, 제2유형(일반절도), 기본영역]

3. The Defendant, who was sentenced to punishment, actively participated in the crime of special larceny of this case, and the crime of larceny of this case.