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(영문) 부산지방법원 2014.03.26 2014고단405
특수절도
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. Around 03:00 on December 5, 2013, the Defendant: (a) cut off the entrance locks by using a cutting machine prepared in front of the “E” restaurant operated by the victim C, which was operated by the victim C, and intruded into the restaurant; (b) cut off the entrance locks; and (c) cut off the entrance doors into the restaurant; and (d) cut off the 500,000 won of the market price, which is the victim’s possession within the relevant glnet, with only one cell phone and 20,000 won.

2. On December 6, 2013, at around 04:39, the Defendant: (a) cut the entrance door by using a cutting machine prepared in front of the restaurant operated by the victim F of the victim F in the Busan Seo-gu G; (b) intruded into the restaurant; and (c) cut off the entrance door with a fladdr equivalent to KRW 1,00,000,000,000,000,000,000 won for women, who are victims in the Kapite; and (d) stolen it with a fladr equivalent to KRW 8,00,000,000,000,000,000

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police interrogation protocol against I and J;

1. Each police statement made to F and C;

1. Statement of seizure of each police;

1. Application of Acts and subordinate statutes to the result of appraisal and replies on criminal scene;

1. Articles 331(1) and 330 of the Criminal Act applicable to the facts constituting an offense;

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

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act, including the fact that the defendant appears to recognize and reflect the crime, that the victim has agreed with

1. Social service order under Article 62-2 of the Criminal Act;

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