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(영문) 대구지방법원 서부지원 2015.01.15 2014고단1724
특수절도
Text

Defendants shall be punished by imprisonment for eight months.

However, with respect to Defendant A, it shall be for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendants attempted to steal the victims who walked with smartphones from the streets by looking at the smartphones on the streets. The Defendants conspired to steal their smartphones from them as a cryptive method.

1. On November 13, 2014, at around 18:37, the Defendants discovered that the victim F was walking up in front of the E cafeteria located in Daegu-gu, Daegu-gu, and that the victim F was walking up the smartphone. Defendant A driven the 125cc white Boper, the number of which is unknown, and Defendant B got out of the back west, and Defendant B got out of the west west, and her galthotho pon 3 smartphone in an amount equivalent to 9.50,000 won at which the victim was her hand.

2. On November 14, 2014, around 09:40, the Defendants discovered that the victim G gets a smartphone on his hand and run a smartphone on the front side of the Samhan New Town located in Daegu-ro 236, Seo-gu, Daegu-ro. Defendant A driven the H 125cc white beam, and Defendant B got off the back seat, and Defendant B got a galthro-phone 3 smartphone in an amount equivalent to 900,000 won at which the victim was her hand.

3. On November 14, 2014, around 12:45, the Defendants discovered the fact that the victim I sees smartphones in front of the Jcheon Sax 102 dong-ro 80, Seogu-gu, Daegu-gu, in front of the 102-dong 102-dong, and Defendant B driven the H 125cc white Boba, and Defendant A got on the back seat of the Y 125cc, while the victim gets on the back seat, carried one gallon 3 smartphone in the market value equivalent to one million won.

Accordingly, the Defendants, together, stolen the victims' property amounting to 2.850,000 won in total, on three occasions.

Summary of Evidence

1. Defendants’ respective legal statements

1. Records of seizure and the list of seizure;

1. Each police statement made to G and I;

1. Application of each Act and subordinate statute of the F;

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

1. Defendants from among concurrent crimes: the former part of Article 37 of the Criminal Act.

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