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(영문) 부산지방법원 2013.12.19 2013고단7166

특수절도

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant, together with B, conspired to cut off the apartment complex and to cut off the bicycle in order to prepare living expenses.

1. On July 04, 2013, around 01:20 on July 04, 2013, the Defendant: (a) reported the network around B in front of the Ulsan-gu C Apartment 1, 1001 suspender; (b) cut the bicycle locks using a cutting machine prepared in advance; (c) cut the bicycle locks; and (d) stolen the bicycle with the victim’s ELmmar bicycle at the market price equivalent to KRW 9.80,00,000.

2. 피고인은 제1항의 일시, E아파트 자전거 보관소에서 제1항과 같은 방법으로 피해자 F 소유인 시가 50만원 상당의 블랙캣 자전거 1대를 가지고 가 절취하였다.

Accordingly, the defendant stolen the victims' property together with B.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the suspect of G by the prosecution;

1. Application of the F and D respective laws and regulations;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. It is so decided as per Disposition for the reason that discretionary mitigation is above Article 53 and Article 55(1)3 of the Criminal Act (defensiveness, age, etc.)