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(영문) 서울남부지방법원 2013.06.05 2012고단4389
특수절도
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for four months.

However, as to the Defendants, each objection is made against the Defendants.

Reasons

Punishment of the crime

1. At around 15:00 on November 24, 2012, the Defendants conspired, and around 15:00 on the 5st singing room in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, the victim F on the singing room column, and the victim F on the sing room, the market price of which is equivalent to one million won between the victim’s singularphones was set by Defendant B, and the Defendant A sing off the victim A on the sing room, and the victim A was cut off by inserting it on the part of the Defendant A.

2. Defendant B

A. On January 2013, the Defendant: (a) at the entertainment room located on the second floor of the building G in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul; (b) had 60,000 won in cash, cash cards, physical cards, and license, which are owned by the victim H; and (c) committed theft by having 10,000 won in the market price.

B. On January 31, 2013, the Defendant stolen it with one cell phone with approximately KRW 900,000,000 at the market price of the victim I, at the same place as the preceding paragraph.

3. 피고인 A 피고인 A는 J, K 및 성명을 알 수 없는 여자와 함께 마트에서 물건을 훔쳐 나오기로 마음먹고, 합동하여, 2013. 4. 19. 19:27경 서울 영등포구 영등포동 6가 442에 있는 이마트 영등포점 지하 1층에서, 그곳에 진열되어 있는 부탄가스, 휴대용 가스렌지, 한치회, 즉석 손만두, 오리훈제 바비큐, 캔맥주, 모듬캘리포니아롤, 연어초밥, 모듬회, 새우, 닭강정 등 11개 품목, 시가 합계 139,710원 상당을 미리 준비해 간 가방에 담아 가지고 가 절취하였다.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement concerning F;

1. Each statement of H and L;

1. Investigation report (Investigation into telephone conversations between I and the other party);

1. Application of Acts and subordinate statutes to each protocol of seizure and the list of seizure;

1. Article 331 (2) and (1) of the Criminal Act (the point of joint larceny by a defendant A) and Article 329 of the relevant 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. Discretionary mitigation (Defendant A) Articles 53 and 55 (1) 3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Probation;

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