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(영문) 의정부지방법원 고양지원 2016.08.19 2016고단1910
특수절도
Text

Defendant

A Imprisonment of 8 months, 6 months, 8 months, 6 months, and 6 months, and 6 months, respectively.

Reasons

Punishment of the crime

1. On April 28, 2016, Defendants A, B, C, and D committed joint crimes committed by Defendant D, knowing that the victim G, a purchaser of a high-priced mobile phone, has kept a large number of high-priced mobile phone units on the vehicle, and sold them to other medium and mobile phone buyers, and divided the sales proceeds. Defendant A directly entered the vehicle, stolen goods, stolen goods, and stolen goods, and Defendant B colored the objects of theft, and Defendant C offered HW car to be used to move to the place of crime, and Defendant D conspired to drive the said vehicle.

On April 28, 2016, around 05:07, the Defendants: (a) moved to the above BMW car provided by Defendant C and to the above place; (b) Defendant B colors the subject of the crime by checking the victim’s JM3 car parked in that place and the location of a portable phone in that vehicle; and (c) Defendant A approaches the above SM3 car with the network value prepared in advance after approaching the above SM3 car by using the above information provided by Defendant B; and (d) 700,000,000,000 won at the market price owned by the victim in the above SM3 car.

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

2. On April 28, 2016, Defendant E purchased stolen goods at approximately KRW 700,000,000 after being aware of the fact that the market price of the victim G owned by the said Plaintiff was about KRW 700,000,00,000 from L located in Nam-gu Incheon Metropolitan City, Nam-gu.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of the Defendants to the prosecution

1. Application of the Acts and subordinate statutes to the prosecution's statement protocol concerning G;

1. Article 331(2) of the Criminal Act and Articles 331(1) and 362 of the Criminal Act concerning criminal facts and the choice of punishment.

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