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(영문) 서울동부지방법원 2013.07.25 2013고단892

특수절도

Text

A defendant shall be punished by imprisonment for 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

On November 18, 2012, the Defendant: (a) around 14:00 on November 18, 2012, the Defendant, as C and D, committed a theft by carrying one television of Samsung 50,000 (SH50P5) in G, while carrying one television of the market value equivalent to KRW 500,00,000, the victim’s possession, which was in custody of the victim F in an underground parking lot.

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

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of suspect by the police against C or D;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes on police seizure records;

1. Article 331 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (the extent of the damage is minor and it does not have any serious power);

1. It shall be decided as ordered for the reason of Article 62 (1) of the Criminal Act (the fact that the injured party is not subject to punishment and is against his/her obligation) or more;