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(영문) 수원지방법원 2014.10.16 2014고단3934
특수절도
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, along with the defendant's friendship C, conspired to steals the property, such as the cell phone of the friendly Gu, which was present at the defendant's middle school alumni meeting.

The Defendant, at around 01:00 on February 12, 2014, at the “E” house located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, the Defendant took the victim F, who had drinking together, into the toilet, took the victim F, who was in drinking together, and took the place. C, at the victim’s house located on the table of the victim’s cell site and the victim’s house located on the gallon road in an amount equivalent to KRW 1 million in the market value of the victim’s possession on the table, 20,000 won in cash, deducted 30,000 won in cash from the bank of the victim’s household located on the table, thereby making it hidden.

Accordingly, the defendant stolen the victim's property together with C.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police suspect interrogation protocol concerning C and G;

1. The police statement of F concerning the statement (the defendant and his defense counsel did not agree to steals property of C and the victim, and it was between the victim and the toilet in order to facilitate the acquisition of property of C, and thus, the defendant is merely a aiding and abetting offender. According to the evidence cited earlier, the defendant was offered by C that he stolen the victim's mobile phone and proposed to do so by the victim, and the victim was placed in the toilet with a mobile phone, and the defendant was able to take the victim's mobile phone, and the victim was able to take the victim's mobile phone, and the defendant and the victim committed the theft of the victim's mobile phone between the victim and the victim. Accordingly, the above argument is not accepted, since the defendant and the victim were acknowledged to have recruited the victim's mobile phone, the above argument is not accepted

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

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act for probation [the scope of recommending punishment] general property.

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