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(영문) 부산지방법원 2013.09.12 2013고단3248
특수절도
Text

Defendants shall be punished by imprisonment for six months.

However, each of the two years from the date of the final judgment against the Defendants.

Reasons

Punishment of the crime

1. On October 2, 2012, at around 13:40 on October 2, 2012, the Defendants: (a) reported the network by Defendant B using the gaps in which the surveillance of the victim F, who is an employee of the location, was neglected; and (b) Defendant A, in the display stand, has been placed in a room where the total sum of 368,80 won of the “OB5-R-3” fishing volume of KRW 64,00,000 of the market price managed by the victim in the display stand, 7 fishing volume equivalent to the total of 368,80,000 won of the market price.

2. On October 2, 2012, around 21:15, the Defendants, at H 2-story G, made use of the gaps of surveillance by the victim I, who is an employee of the place of the Defendants, posted 100 won of the “GM 400B” under the same method as the above paragraph (1), in a temporary room prepared in advance, 10 out of the thickness of 851,000 won of the “GM 400B”, such as 1,000 won of the market price managed by the victim.

3. On October 2, 2012, around 21:53, the Defendants, at K 1st floor in Daegu J, put up 10 a total of 512,50 won of the 79,800 won of the market price managed by the victim in the same way as the above paragraph (1) using the gaps in surveillance of the victim L, who is an employee of the place, in a temporary room prepared in advance, to put up 10 a total of 5,500 won of the 79,800 won of the market price managed by the victim.

As a result, the Defendants, together with 3 times in total, stolen 24 fishing lines equivalent to the market value of 1,732,300 won.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol against the Defendants

1. The police statement concerning F;

1. Each statement of I, M, L, and N;

1. Application of the Acts and subordinate statutes to report on investigation (the attachment, etc. of photographs of the accused);

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

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (All circumstances, such as that the accused has no record of being punished for the same kind of crime, and that the accused does not want the punishment by mutual consent with the victims);

1. Suspension of execution;

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