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(영문) 수원지방법원 2013.09.27 2013고단2046
특수절도
Text

The sentence of each sentence shall be suspended against the Defendants.

Reasons

Criminal facts

1. At around 02:22 on March 30, 2013, the Defendants: (a) checked around the 8th floor “D” of the building C in Suwon-si, Suwon-si, Suwon-si; and (b) Defendant B, a victim E, was able to take away from the gallon-based mobile phone of the amount equivalent to KRW 1,000,000, the market price of which was included in the gallon-si, Suwon-si, Suwon-si, Suwon-si.

2. The Defendants, at around 02:30 on the same day as the above Paragraph 1, at around 02:30, at the same place as above Paragraph 1, Defendant B supervised the surrounding areas in preparation for a scam, and Defendant A, a victim F, was stolen with one cellular phone of an amount equivalent to KRW 900,000 at the market price, where the victim F was locked or is in a scam. F.

3. At around 03:31 on the same day as the above Paragraph 1 above, the Defendants, in the same manner as the above Paragraph 1, committed a theft with one cellular phone unit equivalent to 900,000 won in the market price owned by the said G, in a manner as set forth in the above Paragraph 1, at the same place as above paragraph 1.

4. The Defendants, at around 04:16 on the same day as the above paragraph (1) of the above paragraph, stolen one observer 3 mobile phone devices equivalent to 500,000 won at the market price owned by the said J in accordance with paragraph (1) of the above paragraph, from a film theater established in Suwon-si H in Suwon-si, Suwon-si, and in the same manner as the victim J was set off.

5. At around 04:25 on the same day as the above Paragraph 1, the Defendants: (a) cut off one observer of the observer-2 mobile phone phone in the market price of the above K-owned in the same manner as that of the above Paragraph 1, with the victim K having been set up in the yellow earth located in the same place as above Paragraph 4; and (b) in accordance with the same manner as above paragraph 1, the Defendants stolen it.

Summary of Evidence

1. Defendants’ legal statement

1. Each statement in K, J, E, F, and G Preparation;

1. Application of Acts and subordinate statutes concerning field photographs;

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

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

1. The grounds for discretionary mitigation (defendants) under Articles 53 and 55(1)3 of the Criminal Act are as follows.

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