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(영문) 수원지방법원 안양지원 2014.02.14 2013고단1469
특수절도
Text

Defendants shall be punished by imprisonment for six months.

Provided, That with respect to Defendant A, the above punishment shall be imposed for two years from the date of this judgment.

Reasons

Punishment of the crime

Defendant

B On June 13, 2013, sentenced to six years of imprisonment for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor rape under the age of 13), and the judgment became final and conclusive on November 14, 2013.

The Defendants, along with Defendant B’s proposal, conspiredd with the victims to steal their cell phones in a way that they escape while leaving the phone after obtaining a cell phone from the victim.

1. Defendant A listened to the horses that they stolen from Defendant B’s mobile phone, and discovered that the victim G she used the victim’s cell phone (hereinafter “Frant”) in front of the “Frant E” located in Gunposi on January 14, 2013 at around 16:40, the victim’s market value at KRW 650,00,00, while she viewed the victim’s cell phone at its surroundings, and Defendant A got out of the phone by asking the victim to lend the above mobile phone.

As a result, the defendants stolen the victim's property in collusion with D and jointly.

2. On January 14, 2013, at around 20:30, the Defendants discovered that the victim J used one cellphone 4 mobile phone at the market price equivalent to KRW 600,00,00, in front of the “I” located in Suwon-si, Suwon-si, Suwon-si, and Defendant A used one cellphone at the victim’s request to lend the above cell phone to the victim. Defendant B and D got the victim to play, and Defendant B got the victim back to play, and she escaped with one cellphone.

Accordingly, the defendants stolen the victim's property together with D.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police suspect interrogation protocol of K and D;

1. Written Statement;

1. Records of police seizure and list of seizure;

1. Previous convictions in judgment: Criminal history records, reply reports (B), investigation reports (verification of related cases), copies of judgment, etc., and the application of Acts and subordinate statutes (Supreme Court Decision 2013Do10826);

1. Criminal facts;

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