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(영문) 부산지방법원 2013.11.29 2013고단2218

특수절도

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On November 18, 2012, around 20:12, the Defendant, at the construction site located behind the Fmat in Kimhae-si, Kimhae-si, Kimhae-si, was carrying approximately 24,00 K g of waste iron bars in the market price of 24,00 won.

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

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. G statements;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a photograph by cutting a black box);

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. It is so decided as per Disposition for the reason of not less than Article 62-2 of the Criminal Act;