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(영문) 서울중앙지방법원 2020.01.08 2019고단5096
절도등
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for eight months, respectively.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

1. Single criminal conduct by Defendant A (2019 Highest 5096);

A. On April 6, 2019, the Defendant discovered the Victim E, who was under influence of alcohol in front of the d’, extracted from a marb in Mapo-gu Seoul Mapo-gu, Seoul, and stolen the victim’s son’s mobile phone 6S mobile phone from the son’s market price equivalent to KRW 250,000,000 in the victim’s seat.

B. Around 00:04 on June 28, 2019, the Defendant discovered the Victim F who was divingd by standing in the gallon platform of 172 subway No. 5 in the luminous Station No. 172 subway No. 5, as the Jongno-gu Seoul, and, in the same manner as indicated in the above paragraph (1), the Defendant stolen the Defendant with one cell phone of 9 million won in the market price owned by the victim, using one gallon No. 1,000 won in the market price of the victim.

2. The Defendants’ co-principal (2019No. 5331) discovered the victim G under the influence of alcohol in the direction behind the platform 07:5 on May 19, 2019, at around 07:5, the Mapo-gu Seoul Mapo-ro 85, the subway No. 6, the subway No. 5-1, and reported the victim G, the Defendant C, the surrounding passengers’ view, and the network. The Defendant B, using the cresh, entered the victim’s cash amounting to KRW 30,000,000 in cash owned by the victim, KRW 30,000,000,000 in the market price, and KRW 1,000,000,000,000,000 in Samsung Tgallon S9 mobile phone.

As a result, the defendants stolen the victim's property together.

Summary of Evidence

[2019 Highest 5096]

1. Defendant's legal statement;

1. Each statement of E and F;

1. Reporting on the occurrence of a thief incident and reporting on the occurrence thereof;

1. A fire-proof report (on-site CCTV verification), CCTV closure photographs;

1. A criminal investigation report (for example of a suspect), an investigation report (for reporting on the victim's telephone statement hearing report), etc. (for example, reporting on the victim's telephone statement hearing);

1. Defendants’ respective legal statements

1. Legal statement of witness G;

1. Partial statement of the witness A (limited to the defendant B);

1. Part of the police interrogation protocol regarding Defendant B.

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