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(영문) 부산지방법원 2018.11.06 2018고단3723

특수절도

Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the final judgment of this case, each of the above two years against the Defendants.

Reasons

Punishment of the crime

On April 22, 2018, at around 14:09, the Defendants: (a) left the cre in which the surveillance of employees was neglected in light of the Franchi's G clothing No. 34 operated by the victim E in Busan Jung-gu; (b) Defendant A, who was off the victim's market price equivalent to KRW 98,00,00 in front of the store, was placed at the left hand; and (c) Defendant B, at the entrance of the store, had the above co-ship.

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

Summary of Evidence

1. Defendants’ respective legal statements

1. E statements;

1. Application of the police seizure protocol and the statutes on the list of seizure;

1. Defendants of the relevant legal provisions concerning criminal facts: Articles 331(2) and 331(1) of the Criminal Act

1. Small-scale mitigated Defendants: Articles 53 and 55(1)3 of the Criminal Act;

1. Defendants subject to suspended execution: The grounds for sentencing of Article 62(1) of the Criminal Act [the scope of recommendations] The grounds for the larceny of general property [the scope of punishment] shall be taken into account: (a) the mitigated area (one to six months) of the mitigated area (one-six months), agreed with the victim not to punish [the person subject to special mitigation]; (b) there is no record of criminal punishment exceeding the fine; (c) there is no record of criminal punishment exceeding the fine; and (d) there is against their mistakes; and