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(영문) 수원지방법원 2014.10.29 2014고단5043

특수절도등

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

1. On September 2012, 2012, the Defendant stolen the victim’s property by carrying one scrap metal fluor in the market value, which is the victim’s ownership, in the Dhands of the victim C’s operation located in Suwon-si, Suwon-si, Suwon-si, Suwon-si, and loading one scrap metal fluor in the Liber, while leaving the victim.

2. A special larceny, together with E:

A. In the secondhand of September 2012, 2012, the Defendant and E opened the above secondhand door by using the key owned by the Defendant and, upon the victim’s leaving from the Defendant, loaded the secondhand door in the weight equivalent to KRW 100,000,00 in the market value of the victim’s possession into the rier equivalent to KRW 300,000,000 in the market value of the victim’s possession;

B. From the end of September 2012, the Defendant, at the end of 2012, cut off two Maduomoms containing weight microscopes into Libya, and Party E, at the end of 1,300,000 won in the market value and 300,000,000 won in the shape of the scrap metal, in such a way as to cover one Maduoms containing high metal with weight microscopes into the shoulder;

C. On October 27, 2012, around 18:00, the victim’s market value, which was the victim’s 140,000 won, was placed on the roof by putting 350,000 km of the old-ri-ri-ri-ri-ri-ri-ri (350,000 won, on the roof of a bridge, and E had it on the roof.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Application of the respective Acts and subordinate statutes of C and F

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, and Article 331 (2) and (1) of the Criminal Act (a point of special larceny);

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

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for not less than six months from July to June;

2. The sentencing criteria are set;