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(영문) 대구지방법원 2013.09.06 2013고단3926
특수절도
Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the conclusion of the judgment, each of the above defendants is against the defendants for one year.

Reasons

Criminal facts

1. At around 1:30 on June 16, 2013, the Defendants discovered smartphones posted on the tables 26, from the Fju points located in Daegu Jung-gu, Daegu-gu, and conspired to steals the gaps that there is no person in the surrounding areas.

Accordingly, Defendant B cannot be seen as another person, and Defendant A carried 80,000 won at the market price of the victim D with one smartphone 5,000 won.

2. The Defendants, at the above time and place, engaged in special larceny for victims G with one smartphone in an amount of KRW 1 million in the market value of the victim G, located on the tables No. 34 in the above method.

3. The Defendants, at the above time and place, engaged in special larceny for victims H with one smartphone in an amount of one million won per gallon in the market value of the victim H owned by the victim, which is placed on the number bub in the above method.

4. The Defendants, at the above time and place, engaged in special larceny with the victim I, who 42,00 won in cash, located on the tables No. 35 in the above manner, carried 1,50 won in the market value of 1,50,000 won.

Accordingly, the Defendants, together, stolen the victims' property amounting to the total amount of KRW 2,92,00 in the market price every four times.

Summary of Evidence

1. Defendants’ respective legal statements

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

1. The police seizure record and the list of seizure;

1. Application of Acts and subordinate statutes governing photographs of damaged articles;

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

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

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

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

1. The reasons for sentencing under Article 62-2 of the Criminal Code of the community service order are erroneous, and the defendants are repented, the age is old, there is no record of criminal punishment, and the damaged articles are victims.

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