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(영문) 수원지방법원 성남지원 2018.11.28 2018고단1195
특수절도등
Text

[Defendant B] Of the instant case, the part concerning Defendant B is forwarded to the Juvenile Department of Suwon District Court.

[Defendant C and A]

Reasons

[The part against Defendant C and A] Defendant C and Defendant A are those who work as the delivery source, and Defendant B are friendships with each other, and Defendant B is a high school and a person who has no occupation but to leave from a high school, and is between the other Defendants and the latter.

Defendant

B and C: around October 2, 2017, around October 2, 2017, the victim D (19C) was disposed of as a serious height after theft and conspired to divide cash into two parts.

Defendant

A, with a view to facilitating the above crimes by Defendant B and C, was known to him.

On October 2, 2017, E calls to E and let E arrive in front of the F apartment set of the F apartment unit in Seongbuk-gu, Sungnam-si, Sungnam-si. The defendant C and the defendant B found the victim's erroneous part that was parked in the parking lot in front of G at the seat of the G at the seat of the vehicle after getting off from the vehicle, and then they saw the victim's erroneous part in the parking lot in front of the G at the seat of the vehicle, and the defendant C and the defendant C were driving by the vehicle in front of the vehicle, thereby cutting off the victim's market price of KRW 3,50,000 by driving by the vehicle in front and driving by the defendant C.

Accordingly, Defendant B and C, together, stolen the victim’s property, and Defendant A and C, by facilitating the criminal acts of Defendant B and C.

Summary of Evidence

1. Defendants’ legal statement

1. Legal statement of the witness H;

1. A written statement;

1. Application of statutes governing on-site CCTV CDs;

1. Relevant Article 331(2) and Article 331(1) A of the Criminal Act concerning criminal facts: Articles 331(2) and (1) and 32 of the Criminal Act;

1. Mitigation (Defendant A) Articles 32(2) and 55(1)3 of the Criminal Act

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act, including the fact that Defendant C agreed with the victim D and all the Defendants were the initial offenders, shall be determined as ordered by taking into account all the sentencing conditions indicated in the records.

The summary of the charge of this case against Defendant A (Defendant A) is as follows.

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