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(영문) 창원지방법원 마산지원 2013.11.19 2012고단737 (1)
특수절도
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. At around 23:00 on June 13, 2012, the Defendant reported the network to the front of the D Apartmentdong-gu, Changwon-si, Changwon-si, and C stolen two of the sewerage lids (500 x 500) equivalent to 215,000 won at the market price of Changwon-si, which is owned by Changwon-si, with both descendants, by cutting off two of the lids (500 x 500) into Changwon-si.

2. At around 01:00 on June 14, 2012, the Defendant, together with C, stolen two of the sewerage lids (500 x 350) at the market price equivalent to KRW 215,00,00, which is owned by Changwon-si E, Changwon-si, in a way similar to paragraph (1), on the front roads in the Changwon-si, Changwon-si, Mawon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol concerning C and G;

1. Each police statement made to H and I;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to report internal investigation (Attachment of CCTV photographs at the scene of crime) and investigation reports (related to attachment of copies of transaction account books);

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

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. Each of the crimes of this case on the grounds of sentencing under Article 62(1) of the Criminal Act for suspended execution is deemed to have been stolen by the defendant in collaboration with C, and its contents are not good. However, the defendant has no same criminal records, and the defendant has a depth of his/her mistake, and other factors of sentencing indicated in the record, such as the defendant's age, character and conduct and environment, shall be determined as ordered.

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