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(영문) 수원지방법원 안산지원 2020.03.26 2019고단1322

특수절도

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 13, 2019, at around 09:52, the Defendant, along with B, cut off soldiers from the victim D, who was in Ansan-si, Ansan-si, Masan-si, and cut them on the water, and then cut off on the water, B, 130 vacant bottles equivalent to 19,500 won at the market price of the victim, and 6 alcoholic beverage boxes equivalent to 18,000 won at the market price of the victim’s wound, and the Defendant received the above gambling from B, laid off the finger, and then went back with B with the said official wound.

Accordingly, the defendant stolen the victim's property together with B.

Summary of Evidence

1. Each police interrogation protocol concerning the accused and B;

1. Written statements of D;

1. On-site photographs and records of the case-related photographs;

1. Application of the Acts and subordinate statutes on report of occurrence and internal investigation;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (the amount of damage, the amount of damage is minor, the victim does not want the punishment, and the defendant does not have any particular record of punishment in recent years);