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(영문) 의정부지방법원 고양지원 2015.07.22 2015고단1434
특수절도등
Text

[Defendant A] The defendant A shall be punished by imprisonment for eight months.

However, for two years from the date this judgment became final and conclusive, as against Defendant A.

Reasons

Punishment of the crime

On April 25, 2015, the Defendants discovered one bicycle bicycle at the time of traffic equivalent to KRW 500,000 in the market price owned by the victim E (F appears to be simple, i.e., the “F” of the facts of prosecution) located in Goyang-dong, Ilyang-si, Goyang-si, 07:00, and Defendant B reported the network, and Defendant A cut the lock and towed the bicycle.

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 damaged photographs, photographs emitted by suspects B, and photographs emitted by bicycles;

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. The Defendants under suspended sentence: Although the means and methods of committing the crime for sentencing under Article 62(1) of the Criminal Act are inferior, the damages are not deemed to be significantly high, and the Defendants appear to have been actually agreed with the victims, the Defendants were sentenced in consideration of the degree of their participation in the crime, gender, age, level of education and economic conditions, etc.

Public Prosecution Rejection Parts

1. The summary of this part of the facts charged (the point of Defendant A’s assault) committed assault at around April 25, 2015, Defendant A, who was towing the stolen bicycle, as described in the foregoing paragraph 1, in Goyang-dong G India, Goyang-gu Gon-gu, Goyang-gu, Goyang-gu, Goyang-gu, and discovered the bicycle and used the bicycle once to flap the victim’s right head.

2. The facts charged in this part of the judgment shall not be prosecuted against the clearly expressed will of the victim under Article 260(3) of the Criminal Act as an offense falling under Article 260(1) of the Criminal Act.

According to the records, since the above victim did not have been punished under the original agreement with the above defendant after the prosecution of this case, this part of the prosecution is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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