Defendant shall be punished by a fine not exceeding five hundred thousand won.

If the defendant fails to pay the above fine, 50,000 won shall be paid.

Punishment of the crime

피고인은 2012. 4. 2. 17:00경 서울 관악구 C에 있는 ‘DPC방’ 입구에서, 공동피고인 E이 특수강도 등 혐의로 재판을 받지 않은 채 가출하여 도피 중인 사실을 알게 되자 위 E에게 ‘함께 가출 생활을 하려면 삥을 뜯어 오던지 휴대폰을 절취해 오라. 만약 휴대폰을 가져오지 못하면 돈도 없고 아무것도 없으니까 그냥 집에 가라’고 말하여 위 E으로 하여금 절도 범행을 할 것을 마음먹게 하였다.

Thus, the defendant had the above E gain access to the victim F at the above DPC on April 2, 2012, and allowed him to take out of the phone by lending S2 mobile phones to the victim's gallon.

Accordingly, the defendant instigated the above E to steal the victim's property.

Summary of Evidence

1. Legal statement of witness G;

1. Statement of Co-defendant E in the second protocol of trial;

1. Each protocol of suspect interrogation of co-defendant E;

1. Application of Acts and subordinate statutes on police statements made to F and G;

1. Articles 329 and 31(1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant guilty of Article 334(1) of the Criminal Procedure Act of the provisional payment order asserts that he did not instigate Co-defendant E, a principal offender for the larceny of this case, to commit the larceny crime in its holding.

The crime of aiding and abetting is established when the principal offender passed a resolution to commit the crime, and when the principal offender begins to commit the crime, the principal offender shall be determined by comprehensively taking into account all the circumstances, such as the relationship between the principal offender and the principal offender, the content and degree of the act of aiding and abetting, the process leading to the crime of the principal offender, whether the principal has other causes to prevent the principal from committing the crime, even if the principal did not commit the act of aiding and abetting.