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(영문) 대전지방법원 논산지원 2013.07.23 2013고단152
특수절도
Text

1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2. One (No. 1) per 60 cm in length) per luxus (60 cm in length) and one luxus.

Reasons

Punishment of the crime

The defendant and his her her dynamic C conspired to steal a mobile phone by entering any mobile phone agency.

At around 03:27, April 13, 2013, the Defendant, in collaboration with C, destroyed the store entrance to a nearby road and stopped the car, and reported the network. The Defendant, together with C, destroyed the store entrance by a 's inner name' in which he was prepared in advance, destroyed ten cell phones equivalent to the total market value of KRW 8,320,40, and cut off ten cell phones from that time until April 30, 2013. From that time to that time, the Defendant cut off the cell phone number of KRW 51,45,150, total market value of KRW 60,500, KRW 500, KRW 650,000, KRW 650, and KRW 650,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made by the police officer in relation to H, I, J and K;

1. Each description of the police statements of E, L and M;

1. Each description of a change of a license following the division of a terminal room (investigative Records, No. 85), a DNA loss (investigative Records, No. 86), a criminal investigation report (investigative Records, No. 553), a copy of each trading list (investigative Records, No. 555);

1. Application of each existing statute of 1 (No. 1), 1 (No. 60cm in length), 1 (No. 2), 1 (No. 2) and 1 (No. 3) of a verification horse;

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of applicable sentences: Imprisonment for one year to 15 years (aggravating concurrent crimes);

2. Sentencing criteria:

(a) Each special larceny [Determination of types of larceny] Each thief group, each thief group, and each basic area of larceny (subject to recommendation] for general property: Imprisonment with prison labor for a period of one year to two years: Intrusion into places other than indoor residential space / Special heavy factors: Intrusion into night-time structures and damages;

B. The majority crime processing standards [the scope of recommendations] imprisonment from one year to one year.

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