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(영문) 의정부지방법원 2012.12.27 2012고단3132

특수절도등

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

1. On September 2, 2012, the Defendant attempted to larceny: (a) around 15:00, at a camping place located in 217, both Gangwon-gu, Namwon-gun, Namwon-gu; (b) at a port where the victim B was loaded with a waste vinyl of approximately KRW 150,00,00 in a ton of the market price of which the victim B was stored, and (c) was released to this Chapter of the village and did not commit attempted crimes.

2. On November 4, 2012, at around 20:00, the Defendant, who was a partner, stolen the waste vinyl of approximately KRW 80,00,00, which was set up by the victim B, into the place indicated in paragraph (1) and was loaded into the cargo listed in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against the defendant or D;

1. Application of the police protocol protocol law to B

1. Relevant Articles 331(2) and (1) of the Criminal Act (the occupation of special larceny) and Articles 342 and 329 (the occupation of attempted larceny and the choice of imprisonment) of the Criminal Act concerning criminal facts;

1. Attempted mitigation of crimes under Articles 25(2) and 55(1)3 of the Criminal Act (with respect to attempted larceny)

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up a long-term punishment);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 53 or 55 (1) 3);

1. Article 62 (1) of the Criminal Act on the suspension of execution (i.e., reasons for discretionary mitigation and the fact that there is no past record or imprisonment sentenced);