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(영문) 서울중앙지방법원 2014.02.11 2013고단2006
특수절도교사등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 13, 2013, the Defendant was sentenced to one year of suspension of the execution of imprisonment with prison labor for special larceny, etc. in the Suwon District Court's Sungnam branch on February 21, 2013, and the said judgment became final and conclusive on February 21, 2013

1. E, F, G, H에 대한 특수절도교사(『2013고단2006』) 피고인은 G에게는 2012. 4.경 경기 성남시 중원구 상대원 1동 153에 있는 성남중원초등학교 앞에서, E, F, H에게는 2012. 9.경 경기 성남시 상대원동 롯데리아와 짱구 피시방 앞에서 각 “오토바이를 사 줄 테니, 남의 물건을 훔쳐서 나에게 갖다 주라”고 하여 G, E, F, H으로 하여금 절도할 것을 마음먹게 하였다.

Afterward, the Defendant opened a window with E, F, and G, and around 14:00 on September 27, 2012, at around 14:00, the Defendant opened a window and entered the house of the victim K located in J 102 in Gwangjin-gu, Gwangjin-gu, Seoul, and opened two posts with the total market value of KRW 1,50,00,00, one earb, and one half. By October 23, 2012, the Defendant began to have two posts and one half.

2. As indicated in the list of crimes, E, F, G, and H had both E, G, and H jointly stolen property worth KRW 20,610,000 in total, on 15 occasions together with I, and instigated each special larceny.

2. On September 15, 2012, the Defendant of F (hereinafter “2013 Highest 6132”) expressed F that “If he steals ten mobile phones, he would sell ten mobile phones in return for the theft of mobile phones at an influence place,” thereby inducing F to commit a theft of mobile phones.

At around 07:00 on September 22, 2012, the Defendant got F to lend a cellphone to the victim N, who is in the front of the “CU” convenience store located in 219-1, Ma, P, and caused F to flee by having a 3 mobile phone at the gallon of the market value of the victim’s ownership, which is equivalent to one million won in the gallon of the market value.

B. The Defendant had F F, together with H, around September 24, 2012.

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