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Reasons
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(영문) 인천지방법원 부천지원 2013.07.24 2013고단749
특수절도등
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Defendants shall be punished by imprisonment for one year and six months.

From Defendant A, Nos. 13, 24 to 30 of the seized evidence.

Reasons

Punishment of the crime

1. At around 03:29 on April 10, 2013, Defendant B’s mobile phone sales store operated by the victim G in Yongsan-gu, Yongsan-gu, Goyang-si, Goyang-si, to the end of the above store, and Defendant A used 19 smartphones in total amounting to KRW 11,296,50 in the market price owned by the victim at the above store, and used 19 smartphones from that time to April 19, 2013, including seven times in total as indicated in the list of crimes in the attached Table.

As a result, the victims' property was stolen together with the defendants.

2. On April 16, 2013, at around 05:15, the Defendants, who attempted to commit special larceny, went away from the road in front of the said store, considering that they had stolen the cell phone sales store operated by the victim J of the victim J in Pakistan, and Defendant B was able to look back with the network on the front side of the said store, and Defendant A was accompanied by the next corrective device with the entrance door of the said store, but the warning against the theft was given.

As a result, the Defendants did not commit a theft of the victim's property and did not commit an attempted crime.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police concerning L;

1. Application of the respective laws and regulations of M, N,O, P, Q, R and S

1. Article 331(2) and (1) of each of the Criminal Act applicable to the facts constituting a crime (the point of multiple larceny), Articles 342 and 331(2) and (1) of the Criminal Act (the point of attempted larceny);

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

1. Confiscation (defendants) Article 48 (1) 1 of the Criminal Act;

1. Reasons for sentencing under Articles 32 (1) 3 and 25 (3) 3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation Orders (the scope of liability to compensate to an applicant for compensation is not clear);

1. Sentencing criteria;

(a) Type: thief;

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