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(영문) 부산지방법원 2015.02.11 2014고단10141

절도

Text

A defendant shall be punished by imprisonment for six months.

except that 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

On October 27, 2014, around 16:19, the Defendant and C cut off one of the Defendant’s 50,000 Samsung junopon smartphone, which is located underground 1101 at the center of the city of Busan, by cutting off the victim D, from which he embarked on the Escoper, and taking away the gap of the victim’s surveillance being neglected, C was scopher around, and the starting line of the other people, and the Defendant was pushed off by cutting off one of the Defendant’s smartphone junopon, which is located in the main money on the right side of the victim’s right side, after fasting after the victim.

Accordingly, the defendant and C stolen one smartphone owned by the victim together with the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Some police interrogation protocol regarding C;

1. Written statements of D;

1. Application of the photographic Acts and subordinate statutes;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The mitigated area (six months to one year) in the mitigated area (six months to one year) of various types of larceny for general property (the scope of recommending punishment) 3; and

2. Determination of sentence of punishment has been made in the same way, but it is relatively minor and agreed with the victim.