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(영문) 대전지방법원 2013.05.10 2013고단935
특수절도등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

Around January 9, 2013, the defendant, together with C, took a cell phone device from the cell phone store while drinking D and Mana alcohol that he came to know through the Internet.

1. In collaboration with C and D on January 10, 2013, at around 04:20, the Defendant committed theft by combining 38 mobile phones on four occasions, including the following: (a) the Defendant: (b) laid a brickd door; (c) 22 cellular phone devices owned by the victim during the display stand; and (d) 38 mobile phones (total market price of KRW 34,696,00), as indicated in the list of crimes in the attached list of crimes.

2. Attempted special larceny;

A. On January 20, 2013, from around 02:00 to 04:00 on the same day, the Defendant conspiredd with C, and was attempted by the JA’s agency in the operation of the Daejeon Tae-gu Daejeon building 101, and the Defendant reported the network, and C did not commit an attempted act, even though the entrance locking device was attached to the entrance, and the entrance was likely to cut off the cellular phone, but it did not go through a wind with a large level of emergency bell.

B. On January 20, 2013, from around 02:00 to 04:00 on the same day, the Defendant conspiredd with C, and was committed with C, and the Defendant failed to commit an attempted crime, in light of the following: (a) from around 02:00 on January 20, 2013 to around 04:0, C reported the network; and (b) the Defendant collected the glass door in a glass door with the mind that the Defendant stolen the object by destroying it; and (c) the Defendant laid down the glass door into the door and stolen the object.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the suspect examination protocol of the prosecution to C;

1. Articles 342, 331 (2) and (1) of the Criminal Act (a point of special larceny) of each of the relevant provisions of the Criminal Act concerning criminal facts;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders [the scope of applicable sentences] shall be either one year to fifteen years [a special person] of imprisonment, and an indoor element of mitigation.

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