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(영문) 부산지방법원 2017.05.18 2016고단3512

특수절도

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant was aware of the fact that, while he was going to leave together with B and C, the living expenses were reduced.

D The convenience store where D was working in order to use money by theft, and B was working in the G convenience store of the victim F in Busan Dong-gu, Busan on June 30, 2015 at around 23:49 on June 30, 2015.

D out of the Republic of Korea, and the Defendant take up KRW 2,40,000,00,000, in cash owned by the victim in C, between the Defendant and C, who sees the surrounding and the net of the convenience store racks with C.

The theft was done in a way that it was placed in a friendly mountain, and it was stolen.

As a result, the defendant stolen the property owned by the victim together with B and C.

Summary of Evidence

1. The written statement of the defendant;

1. A protocol concerning suspect interrogation of C by the prosecution;

1. A protocol concerning the suspect B of the police;

1. Statement made by the police with regard to F;

1. Application of each statute on photographs;

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

2. Article 53 and Article 55 (1) 3 of the Criminal Act (i.e., the primary offender and the amount of theft) of the mitigated amount;

3. Article 62 (1) of the Criminal Act on the suspension of execution (resumed circumstances as above);