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(영문) 서울북부지방법원 2019.10.17 2019고단1761

특수절도

Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Criminal facts

The defendant and B (Suspension of Prosecution on the same day) have been suffering from the victim's building materials kept in the open storage site of the D building materials in Gyeongcheon-gun, Gyeongcheon-gun, Gyeongcheon-do in order to recover the defendant's claim equivalent to KRW 28 million against the victim C.

around 11:00 on October 10, 2018, the Defendant and B used building 200 million won in the victim’s possession market price of 20 million won, 200 million won in the market price, 5,000 connecting pin for construction equivalent to 5,00 won in the market price, 500 pin for construction equivalent to 50 million won in the market price, 500 block 1,5 million won in the market price, 20 million won in the market price, and 1,000 block 1,5 million won in the market price, and 10 million block 1,00 in the market price of 20 million won in the market price.

Accordingly, the defendant stolen the victim's property together with B.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. The suspect interrogation protocol of the police as to B;

1. Statement to C by the police;

1. Each police statement of E and F;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 331 (2) and (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decisions 201Do1148, Apr. 1, 2011>