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(영문) 수원지방법원 평택지원 2013.09.12 2013고단806
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

The defendants jointly with C

1. Special larceny;

A. On November 21, 2012, at around 04:40 on November 21, 2012, the Defendant reported the network to the “F” in the operation of Pyeongtaek-si D Victim E, and C has 16 smartphones worth a total of 15,691,50 won of the market price, the victim’s market price, which had been located in the display stand, by breaking up the stone (20cm in length) with the stone (20cm in length) prepared in advance, and destroying the glass door.

B. On January 21, 2013, at around 04:50, at around 04:50, the Defendant came to open a cell phone of “I” in the name of “I” for the operation of Pyeongtaek-si G, and C took a 16 cell phone of approximately 13,043,80 won in total of the market value of the victim’s possession, who was in the display stand, by breaking up the door, she laid up a brick with the door door, destroyed the door door door, and invaded the door door, and rup up the door door.

As a result, the Defendant, together with C, stolen another’s property two times in a manner that damages and intrudes upon a part of the structure at night.

2. The Defendant, in collaboration with C, breaking the glass of the mobile phone sales store, committed an intrusion upon the mobile phone, and attempted to steal the mobile phone. On January 30, 2013, at around 07:00, the Defendant came to the mobile phone sales store called “L” in the Pyeongtaek-si J, and reported the network by the Defendant, and C was in line with C, but the glass was not broken.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. The statement of H;

1. Each written statement E and K;

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

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

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

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

1. The defendant is the reason for sentencing under Article 62(1) of the Criminal Act.

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