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(영문) 부산지방법원 2016.11.10 2015고단3634 (1)
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

around 16:00 on November 1, 2015, the defendant and the defendant of special theft entered the E-art managed by the victim D in Suwon-gu, Busan on November 1, 2015, together with articles worth approximately KRW 73,360,00, such as 1 shotfin, which had been in a display stand for employees' surveillance.

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

Summary of Evidence

1. Statement B in the fifth trial records;

1. A protocol concerning the examination of suspect of a police officer;

1. Statement of D police statement;

1. Details of damaged articles, application of the Acts and subordinate statutes on stolen damaged photographs;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., that the amount of stolen goods is a small amount, that part of the stolen goods appears to have been returned, that the defendant has no record of criminal punishment, except for one-time previous convictions and fines, and that the defendant has no record of criminal punishment;

1. Article 62 (1) of the Criminal Act;

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