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(영문) 수원지방법원 성남지원 2015.07.29 2015고단1001
특수절도
Text

Defendants shall be punished by imprisonment for eight months.

Reasons

Punishment of the crime

On June 5, 2015, at around 01:30, the Defendants: (a) 01:30 on the road of “Ecafeteria” located in Seongbuk-si, Sungnam-si; (b) kidd the Defendant’s driver’s license, and kid the victim’s cell phone located adjacent to the victim’s bridge to find out the victim’s F, who was divingd in the road; (c) the Defendant B was aware of the victim’s cell phone located adjacent to the victim’s bridge; and (d) the Defendant A brought one galthical 3 mobile phone of the victim’s market value equivalent to one million won.

As a result, the defendants stolen the victim's property together.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the interrogation of the Defendants by the prosecution

1. Each police statement related to G and H;

1. Police seizure records;

1. Application of Acts and subordinate statutes of a report on investigation (No. 7,13 on the evidence list);

1. Defendants of relevant legal provisions concerning criminal facts: Article 331(2) and (1) of the Criminal Act

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Code for discretionary mitigation (the scope of recommending punishment) / [Article 55(1)3 of the Criminal Code / [the grounds for sentencing] / [the grounds for sentencing] / [the grounds for sentencing] / [no person who has a special sentencing] / [the decision of sentencing] 8 months (the defendant has been sentenced several times and the defendant has been sentenced several times to the same punishment, and even if there are records of past and several times, it is inevitable to punish the defendant seriously: Provided, That it is inevitable to punish the defendants by taking into account all other circumstances such as the defendant's age, character and behavior, occupation, living environment, motive, means and result of the crime, the circumstances after the crime, etc.)

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