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(영문) 서울북부지방법원 2018.12.12 2018고단3816
특수절도
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant, B, and C, a middle-standing cell phone sales chain, operated by the victim E in the Seoul Southern-gu, Gangnam-gu, Seoul, with a view to stealing the entrance password that B, and C, had been aware of the entrance password, using the crypt work in the past, and selling the cell phone.

1. On June 14, 2018, the Defendant, along with B and C, prepared approximately KRW 43,50,000 ( approximately KRW 1,740, KRW 25,000 in total) of the market price stored at the same place, and prepared approximately KRW 174 km ( approximately KRW 1,740, KRW 25,000 in total) in advance, preparing approximately 7-8 mobile phones.

As a result, the defendant, B, and C stolen the victim's property together.

2. On June 25, 2018, the Defendant, along with B, prepared approximately 184km ( approximately 1,840, approximately 25,000, KRW 25,000) of the mobile phone in advance and prepared approximately 184km ( approximately 1,840, KRW 1,840, and KRW 25,000) of the total market price stored at the same place, in order to keep the door door password and turn on a private room, check the location of the private room and then have checked the location of the office’s square light.

As a result, the defendant and B stolen the victim's property together.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each prosecutor's statement protocol with respect to E, G, and H;

1. Each police statement made to E, G, and I;

1. The written statements in C and B;

1. Application of Acts and subordinate statutes on account transactions;

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

1. The fact that there is a record of three times punishment for the defendant for the reasons of sentencing in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, and that the damage suffered by the victim is considerable.

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