甲、乙、丙三人事先约定盗窃某个体商店，并决定由甲、乙二人进店盗窃，丙在店外望风。某日深夜，三人按事先约定和分工盗窃了该个体商店价值4000余元的商品。甲、乙、丙的行为不属于( )。
A．事前通谋的共同犯罪
B．任意共同犯罪
C．复杂共同犯罪
D．有组织的共同犯罪
参考答案：D
解析：事前通谋的共同犯罪，是指共同犯罪人的共同犯罪故意，在着手实行犯罪前已形成的共同犯罪。任意共同犯罪，是指刑法分则规定的可以由一个人单独实施的犯罪，当二人以上共同实施时，所构成的共同犯罪。复杂的共同犯罪，是指各共同犯罪人之间存在着犯罪分工的共同犯罪。有组织的共同犯罪，又称特殊共同犯罪，通常指犯罪集团。从本题来看，甲、乙、丙三人事先约定盗窃，显然属于事前通谋的共同犯罪；盗窃罪可以由一个人单独实施而构成，因此甲、乙、丙三人的行为构成任意共同犯罪；甲、乙、丙三人的犯罪行为存在分工(甲、乙二人进店盗窃，丙在店外望风)，因而构成复杂的共同犯罪；甲、乙、丙三人并非犯罪集团，其行为不属于有组织的共同犯罪。
I used to hate myself because I wasn’t “normal”. Everyone else could play on the monkey bars and ride on a bicycle, but not 36 . I had a severe spinal cord disorder(脊髓病) and I knew I would always be much 37 than others. I hated going to school and I hated 38 at me. I hated seeing others smiling broadly and standing 39 and tall. And most of all, I hated looking in the 40 and seeing an ugly and hunchback(驼背). My friends found me 41 because I didn’t let other get close to me. I thought I was going to go on like this for the rest of my life 42 Angela appeared. That afternoon, I was sitting by myself in a corner of the school—a spot where no one would 43 me. That’s when I first heard your voice. “Hi. Can I sit down?” I raised my head and there she was, with an irresistible smile on her round face. “What are you looking at?” you asked. “Ants.” “What are they doing?” “No 44 .” “I bet they’re playing games and make friends. Don’t you think so?” That was how our 45 started and it didn’t stop. We talked about everything under the sun—the ants, the clouds, my little niche(处境)—until it was sunset. Then suddenly, you saw my 46 . She just stared. My heart 47 . What I feared most had happened and I knew for sure she would 48 me now. She stood up, pointed at my back and said, “I know 49 your back is hunched.” I closed my eyes like a criminal waiting to be 50 . I begged in my heart for her to 51 , but you just kept on going. “I know what you’ve got in there. Do you?” “No,” I answered 52 . She bent and whispered in my ears. “Your back is bunched because you’ve got a pair of wings from the angels.” I was 53 . I looked into your eyes and her 54 touched my heart. From that day on, I started to learn to 55 myself because I have the wings of an angel and a kind – hearted friend.
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