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(영문) 부산지방법원 동부지원 2017.06.08 2017고단688

특수절도

Text

Defendants shall be punished by imprisonment for one year.

However, each of the above cases against the defendants for two years from the date of the final conclusion of the judgment.

Reasons

Punishment of the crime

On October 28, 2015, the Defendants knew that there was a door No. 812, the house of the victim C located in the Busan Suwon-gu D8, Busan, about 11:00, and Defendant B reported the network from the 8th floor corridor. Defendant A entered the victim’s house and entered the victim’s house to use 1.5 million won, the market price of which is 90,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00,00,00,00,00,00,00,000,00,000,00,000,00,000,000,000,00,000,00,00,00 won.

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

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police against C;

1. Investigation reports (data on details of purchase of Nowon-gu and E additional oral statements) and application of statutes on each seizure protocol;

1. Article 331 (2) and (1) of the Criminal Act concerning the relevant criminal facts and the selection of punishment;

1. Article 62 (1) of the Criminal Act for the suspension of execution (the following sentencing shall be considered in light of the favorable circumstances in mind):

1. Article 62-2 of the Criminal Act of each community service order;

1. The reason for sentencing of Article 32(1)3 and (2) and Article 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Litigation, etc. of Application for Compensation (the scope of liability to compensate is not clear, and thus, it is not reasonable to issue an order for compensation in the criminal procedure of this case) is that the crime of this case committed jointly intrudes upon residence and steals the property located there, and the crime of this case was committed a theft of the property located there, which is not good in the nature of the crime, the stolen property is not significant, and the victim did not agree with the victim.

However, the defendants recognize the facts charged and seriously reflects the facts charged, the amount of damage is not very significant, some damage is returned, and the defendants are subject to criminal punishment.