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(영문) 부산지방법원 서부지원 2020.02.20 2019고단2203

특수절도

Text

Defendants shall be punished by imprisonment for six months.

except that the execution of each of the above penalties shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendants operate the repair company with the trade name "D" in the Young-gu Busan Metropolitan City, Busan Metropolitan City C.

On June 30, 2019, around 19:50, at the G sales store for the victim F's operation in Busan, the Defendants loaded the victim's failure to manage the victim, and Defendant A used the gap in the victim's management, and Defendant B used the difference in the market price of KRW 250,000, the market price at which Defendant B was displayed, with one ton of H 1 ton truck that Defendant B drive.

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

Summary of Evidence

1. Defendants’ respective legal statements

1. A written statement;

1. Application of Acts and subordinate statutes to a report on internal investigation (in the course of investigating the number of a studio vehicle), a report on internal investigation (in the case of a pan-driving, attaching a photograph to a

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

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act;

1. Defendants in a suspended sentence: Article 62(1) of each Criminal Act (i.e., that the Defendants reflect in depth the mistakes, the amount of damage is relatively minor, the victim is not subject to the punishment of the Defendants, and the Defendant A has no record of having been sentenced to the punishment of imprisonment without prison labor or heavier punishment on two occasions before the fine is imposed on the Defendants, and that there is no record of having been sentenced to the punishment of imprisonment without prison labor