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(영문) 인천지방법원 2014.09.25 2013고단6137 (1)
특수절도등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. The defendant's joint criminal conduct with B (the defendant was indicted as the defendant as the defendant on December 16, 2013, the short-term six months of imprisonment, and the long-term eight months of imprisonment), C and D (the suspension of prosecution by a time limit for investigation before the same day as the juvenile of 17 years old), the defendant and B, who want money, gather money from those who wish to carry out drinking together with C and D, who want money, and then gather money from those who want to carry out drinking together with C and D, while pursuing the crime, on December 24, 2012, at around 02:30 on December 24, 2012, the defendant was under drinking in front of 101,000 won, and 3,000 won,00 won, and 3,000,0000 won, and 3,000 won,00 won, and 3,000,000 won, were under the victim's name of the victim.

As a result, the Defendant stolen the bank owned by the victim together with B, C, and D.

2. The Defendant, in the Defendant’s joint criminal conduct with D, was playing in the victim F’s house located in D and C, frighting to drink and play alcohol, and conspired with the victim F and G’s cell phone to steals by reporting that the cell phone of the victim F and the victim G are located between these points, and then she cited 1.1 million won at the victim F’s house located in Silung-si, on December 8, 2012, at the victim F’s house located in Silung-si, 200 thousand won at the victim’s house located in Silung-si.

Accordingly, the defendant stolen two mobile phones of the victims together with D.

Summary of Evidence

1. Copy of the protocol of examination of suspect C by the prosecution;

1. A copy of each police interrogation protocol against the defendant, D, or B;

1. Copy of the protocol of examination of suspect C by the prosecution;

1. A copy of each police statement made against D, C, and B;

1. A copy of each police statement made to F and G;

1. Application of Acts and subordinate statutes on a copy of the E statement;

1. Article 331 (2) and (1) of the Criminal Act applicable to the crimes.

1. Of concurrent crimes, the victim F and G with more severe penalty than the penalty provided for in the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Code.

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