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(영문) 서울동부지방법원 2016.05.04 2016고단813
특수절도등
Text

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

Reasons

Punishment of the crime

1. The thief Defendant: (a) was in short of living expenses during the period of death with C (Suspension of Prosecution Prosecution) and the Defendant returned to the waiting room of a patient with serious illnesses; (b) stolen a mobile phone while waiting for the Defendant; (c) stolen a mobile phone in the waiting room of the first floor; and (d) sold the mobile phone that the Defendant stolen and sold, thereby raising living expenses.

In collusion with C on March 13, 2016, the Defendant: (a) in the waiting room for the care of middle-user patients at the E Hospital’s main floor in Jongno-gu Seoul, Jongno-gu, Seoul; (b) reported that the victim F and the victim G were divingd while filling each mobile phone; and (c) reported that the victim F and the victim G were locked with each mobile phone; and (d) the gallon market value of the given F-owned 4 gallon-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-line market value of KRW 90

From March 17, 2016 to March 17, 2016, the mobile phone market value of KRW 5,460,000 was stolen on seven occasions, such as the statement in the list of crimes.

2. On March 16, 2016, in collaboration with C, the Defendant: (a) at the first floor waiting room of the I Hospital located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul around March 16, 2016, considered C to have a cell phone installed in the waiting room; (b) reported C’s network; and (c) the Defendant stolen the amount equivalent to KRW 750,000,000 at the market price of one cell phone on LG Lone Star.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Each police statement made to K, L, M, and J;

1. Each statement of F, G, and N;

1. Application of the police seizure protocol and the statutes on the list of seizure;

1. Relevant provisions of the Criminal Act and Articles 331(2), 331(1) (joint larceny points), 329, and 30 (each larceny point and each choice of imprisonment with prison labor) of the Criminal Act concerning criminal facts;

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

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (the following grounds for sentencing) of the Act on Reduction of Small Quantity (the top of the favorable reasons for sentencing).

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