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(영문) 수원지방법원 2015.09.10 2015고단3140
특수절도
Text

[Defendant A] The defendant A shall be punished by imprisonment for one year.

Nos. 1 through 6 of seized evidence A from the defendant A.

Reasons

Punishment of the crime

Defendant

A is a middle school club of Defendant B, and a person who was employed by Defendant C and C as an employee from “F” as an entertainment drinking club in the ethic City.

At around 23:00 on July 2, 2015, the Defendants: (a) entered the above entertainment tavern, Defendant A and Defendant B, into the “I” mobile phone sales store for the victim H operation of the victim H located in G in friendliness; (b) and (c) Defendant C stopped in a nearby place and waited within the said area; and (d) the Defendants were willing to escape by driving other Defendants on board the said combined vehicle.

Defendant

A around 02:00 on July 3, 2015, at around 02:0, at around 02:00, driven by Defendant B and Defendant C while driving with his highest string line, and parked the above string line at around 04:20 on the same day, with a chain of chain, etc., and around 04:20 on the same day, Defendant C waiting for Defendant A, Defendant B at the driver’s seat of the above string line, and Defendant A, Defendant A, and Defendant B had a cell phone of the total amount of KRW 7.99 million at the victim’s market price, which was the victim’s possession, who was in display line due to intrusion into the above I, for the first time at around 04:43 on the same day.

Accordingly, the Defendants committed a theft of the property owned by the victim jointly.

Summary of Evidence

1. Defendants’ respective legal statements

1. A H statement;

1. Photographs of the scene of crime;

1. Each protocol of seizure and each list of seizure;

1. Photographss of criminal tools and clothes seized, and cellular phones;

1. Application of Acts and subordinate statutes to a report on investigation (the visit worn by a suspect at the time of committing a crime A and the visit taken at the site);

1. Defendants of relevant legal provisions concerning criminal facts: Article 331(2) and (1) of the Criminal Act

1. Defendant B and C’s discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act (the following extenuating circumstances among the favorable reasons for sentencing);

1. Defendant B and C: The grounds for sentencing under Article 62(1) of the Criminal Code are more favorable.

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