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(영문) 서울남부지방법원 2016.09.29 2016고단3624 (1)
특수절도
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant confirmed that the victim B posted a mobile phone sales advertisement on the Pest north of the page, and attempted to steal the victim by driving the mobile phone, pretending to purchase the mobile phone, and attempted to steal the mobile phone by driving it, and divided the proceeds of disposal of the stolen mobile phone into the victim’s mobile phone, such as the victim-friendly C Co-Defendant Co-Defendant 1, September 1, 2016, and the prior owner D (a disposition of suspending indictment on the same day) where the victim’s act in the vicinity during the period of opening the mobile phone from the victim.

The proposal, C, and D accepted it.

At around 21:00 on June 14, 2016, the Defendant: (a) viewed the victim’s right to work in front of the exit 117-21 new-ro, Guro-gu, Seoul, 117-21 new-ro, 17-21, in front of the exit 2, and (b) considered the victim’s right to work in a place where approximately 10 meters away from the exit 10 meters away; (c) provided that the victim’s right to work in a gallon with only 7 mobile phone at the market price of KRW 900,000 used by the victim, and went away from the site.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the defendant, C, or D;

1. A written statement under B;

1. Reports on internal investigation (statements by informants, details of entry A, statements, etc.), contracts on trading of used devices, pictures of the case, investigation reports (verification of the person in whose name the damaged goods are damaged), theft reports, investigation reports, and advertisements in B page B;

1. Application of Acts and subordinate statutes to the protocol of seizure and list of seizure, and the photograph of case;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered among the reasons for sentencing).

1. Article 62 (1) of the Criminal Act on the stay of execution (The following consideration shall be made repeatedly for the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. The range of applicable sentences under law: Imprisonment for not less than six months.

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