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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[2013 Highest 3242]
1. Joint criminal administration with the accused and C;
A. The Defendant of special larceny and C have lent smartphones to elementary and middle school students at their age, and have attempted to collect money by selling them.
At around 16:30 on June 18, 2013, the Defendant and C, who returned home to the victim E (the age of 11) (the age of 11) who returned home in Suwon-si D Apartment 107, Suwon-gu, Suwon-si, 201. The Defendant, saying, “I will use a mobile phone,” and escaped by using a smartphone to call the victim’s own, and C, when the Defendant calls with the victim, they cut off one of the 600,000 won of the market value owned by the victim by means of escape.
Accordingly, the defendant stolen the victim's property together with C.
B. On June 20, 2013, at around 08:13, the Defendant and C returned the said smartphone again to the victim F (the age of 12) who was in front of the said D Apartment 103-dong game. By the above method, the Defendant attempted to flee while holding a deN6 smartphone with the market value equivalent to KRW 600,000,000,000, the victim owned by the Defendant and C, attempted to escape, had many people around, and the victim demanded to return the Handphone while continuing to go with the Defendant and C. Thus, the Defendant and C returned the said smartphone again to the victim.
Accordingly, the defendant tried to steal the victim's property in collaboration with C, and the defendant attempted to commit the attempted crime.
2. Joint criminal conduct with the accused, G and H;
A. The Defendant of special larceny, along with G and H, lent smartphones to elementary and middle school students ageed, and attempted to collect money by disposing of them.
In combination with G and H, the Defendant: (1) around 12:50 on June 14, 2013, 2013, to the victim J(8) who returned home to the route between Suwon-si I apartment 404 dong 403 and 403 building, the Defendant “a person who lends a four phone because of the loss of a mobile phone,” and the victim.