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(영문) 수원지방법원 2015.04.23 2015고단67
특수절도등
Text

Defendant

A Imprisonment with prison labor for eight months and for six months, respectively.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 02:30 on November 25, 2014, Defendant A’s sole criminal conduct, at the “F club” located in Suwon-si, Suwon-si, Suwon-si, Defendant A stolen the victim G with a gallon phone with a gallon phone equivalent to KRW 1,000,000 at the market price.

2. Joint criminal conduct by Defendant A and Defendant B

A. From around 03:00 on November 25, 2014 to around 03:40 on the same day, the Defendants committed the crime against the victim H came to come to the table table of the victim H at the same place as that of paragraph (1). Defendant B reported the network, and Defendant A went to the victim with S3 mobile phones when galloning the market price, which is the market price of the victim owned by the victim.

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

B. From November 25, 2014 to around 03:40 on the same day, the Defendants committed the crime against the victim I came to reach the victim I’s table in the same place as Paragraph (1) at the same time between around 03:00 on the same day, and Defendant B reported the network, and Defendant A carried out R3 mobile phones in the market price, which is the victim’s possession.

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

Summary of Evidence

1. Defendants’ respective legal statements

1. A written statement of I, H and G;

1. Investigation reports (the CCTV analysis);

1. Other closure photographs of the crime scene;

1. Application of seizure records and photographs of seized articles to the Acts and subordinate statutes;

1. Article 329 of the Criminal Act and Article 331(2) and Article 331(1) of the Criminal Act (the point of larceny and the choice of a sentence): Defendant B: Article 331(2) and (1) of the Criminal Act;

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

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

1. Defendants in a suspended sentence: The Defendants’ grounds for sentencing under Article 62(1) of the Criminal Act are against each other; the victims and the victims agreed with each other; Defendant A was the first offender; Defendant B did not have any criminal record of a fine or heavier; and

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