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(영문) 서울남부지방법원 2016.09.01 2016고단3624
특수절도
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

Co-defendant B (the decision of September 29, 2016) confirmed that the victim C posted a mobile phone sales advertisement on the Pk-west, and suggested that the victim C will steal the mobile phone by deceiving the victim and escapeing the mobile phone in the way of purchasing the mobile phone, and that the victim would do so. The defendant A and D accepted it. The defendant A and D accepted it.

B around 21:00 on June 14, 2016, around 21:0, 117-21 new forest basin in Guro-gu Seoul, Guro-gu, 117-21, and 2, in front of the exit-gu, Defendant A and D, at a place where approximately 10 meters away from 10 meters away, the victim was able to take care of the victim, and the victim was able to find money from the bank, and the victim was able to recover money from the bank.

Accordingly, the defendant A stolen the victim's property together with the above B and D.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol of the accused, B, and D;

1. C's written statement;

1. Report on internal investigation (the statement of a reporter, the details of cases proposed by a disposal person B, the statement in C, etc.), sales contract of a heavy terminal, records of case photographs, investigation reports, records of case photographs, reports on occurrence of case photographs, theft, investigation reports, and advertisements in C Pestbook;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 331 (2) and (1) of the Criminal Act applicable to the crimes.

1. Discretionary mitigation of factors under Article 50 of the Criminal Act. Article 50 (Consideration favorable Circumstances among Reasons for Sentencing below);

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as “contributable circumstances”)

1. The scope of applicable sentences under law: Imprisonment for six months to five years; and

2. Application of the sentencing criteria;

(a) Tangibles: 10.

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