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(영문) 울산지방법원 2019.03.21 2018고단3835

특수절도

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 7, 2018, the Defendant: (a) around 15:30 on October 7, 2018, 2018, reported to the network in the high dry field of the Victim C in Ulsan-gun, Ulsan-gun; (b) around D; and (c) the Defendant and F took 4,000 won at the market price owned by the victim.

Accordingly, the defendant stolen the victim's property together with D, E, and F.

2. On October 13, 2018, the Defendant of special larceny around 15:18 on October 13, 2018, 2018: (a) in a camping area managed by the Victim G G in Ulsan-gun, Ulsan-gun, Ulsan-gun, the Defendant sickly kiddds down shing shing shing shing, and H and I brought 30,000 won of the market value of the victim owned on the floor.

In addition, at around 16:00 on the same day, the defendant, H and I brought about the trends of the market value equivalent to KRW 4,000 by extending to the hands outside of the ancient field.

Accordingly, the defendant stolen the victims' property jointly with H and I.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of each police suspect with respect to D, E, F, H, and I;

1. A written statement of C and G;

1. Application of Acts and subordinate statutes to the investigation report (specific amount of damage);

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 53 or 55 (1) 3);

1. Article 62 (1) of the Criminal Act;