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(영문) 의정부지방법원 2016.10.19 2016고단3944
특수절도
Text

A defendant shall be punished by imprisonment with prison labor for a maximum of six months and a short of four months.

Reasons

Punishment of the crime

The defendant stated that he would lend a mobile phone to a person who may know about the mobile phone along with NN and P, and that he stolen the mobile phone and thus he would use it as living expenses or entertainment expenses.

On July 30, 2015, the Defendant: (a) around 21:30 on July 30, 2015, the Defendant, along with NN and P, up to 300 on the street in front of the 300 foot-gu Seoul, called “I have a part-time job;” and (b) the Defendant, along with P, stated that “I would have a part-time job” against the victim, that “I will lend a mobile phone and return it.” The Defendant, along with P, got a cellular phone owned by the victim, the market value of which is equivalent to one million won at the market price, and escaped immediately.

As a result, the defendant stolen the victim's property together with NN and P.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by each police protocol of suspect of the police about N or P;

1. Application of the Acts and subordinate statutes governing the statement statement made by the police officer to AO;

1. Article 331 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;

1. Article 2 and Article 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act to mitigate juvenile offenses;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Reasons for sentencing under Article 2 and Article 60(1) of the Juvenile Act (the sentencing criteria shall not apply since the defendant is a juvenile under Article 2 of the Juvenile Act) are as follows: (a) the defendant was sentenced to imprisonment on August 12, 2016 with prison labor for a maximum of two years and six months on August 12, 2016; and (b) the appellate court is continuing to exist as the court 2016No250.

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