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(영문) 광주지방법원 2013.05.21 2013고단1415
특수절도
Text

Defendants shall be punished by imprisonment for six months.

However, as to the Defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On November 13, 2012, at around 21:20, the Defendants conspired to steal the cell phone of the victim E, which had been kept in the D office located in the fiveth floor of the Defendants in Seo-gu, Seo-gu, Seo-gu, Gwangju. Defendant B was waiting to view the network in the neighborhood. Defendant A returned to the office, and Defendant A was able to use the observer G smartphone 4 unit in the total market value of the victim’s own market value at the same place, 6 million won in total, galthal ju, galthal ju, S smartphone 1 unit in the galthalthal ju, and galthalthal ju, in the office of the Defendant.

As a result, the defendants stolen the victim's property together.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement with respect to F and the statement prepared by E;

1. Application of Acts and subordinate statutes to each on-site photographs, investigation reports (the attachment of access records to the place of occurrence, and the form of suspects after the crime), and respective seizure records;

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

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendants on probation and community service order: The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. (the decision of a sentence) [the decision of a sentence] thief; theft against general property.

2. In light of the fact that the defendants committed the theft of the victim's goods in the workplace using the trust relationship between the workplace where the defendants jointly worked for them, and the market price of the stolen victim's goods has reached a total of 6 million won and did not reach an agreement with the victim until now, a strict punishment against the defendants is required. However, the defendants are in depth divided into and against their mistake, and are against the police's participation. However, the defendants denied the relation of conspiracy or recognize their own participation.

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