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(영문) 부산지방법원 2013.09.05 2013고단4085

특수절도

Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for six months.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 25, 2013, at around 03:00 on May 25, 2013, the Defendants reported that the victim C was used on the roadside under the influence of alcohol in front of the bus stops located in the Seocho-gu, Busan Metropolitan City.

During that process, the victim's purchase price of LG options G mobile phone in the amount of KRW 790,000,000 used by his hand, and the Defendants conspired to report it, and the Defendant A conspired to bring it to his own sat, thereby putting it into his own sat, and her satched with the Defendant B.

Defendant

B by stating that Defendant A “I do not have any money”, the Defendants followed the victim again, Defendant B reported the network, and Defendant A left 1,50,000 won in cash in the victim’s possession, check card, driver’s license, etc. by inserting 1,50,000 won in the market price.

As a result, the defendants stolen the victim's property together.

Summary of Evidence

1. Defendants’ legal statement

1. Statement to C by the police;

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

1. Defendants of relevant legal provisions concerning criminal facts: Article 331(2) and (1) of the Criminal Act

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act ( Taking account of the fact that a significant amount of damage has been recovered to the Defendants, the fact that there has been serious reflects on the Defendants, the fact that the Defendants agreed with the victims, the Defendant A did not have any other criminal records other than those subject to a disposition of suspension of indictment once with the same force, and Defendant B did not have any criminal records)

1. Defendants on probation: Article 62(1) of the Criminal Act (recognisive consideration of the causes for discretionary mitigation);

1. Defendant A: It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more;