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(영문) 창원지방법원 2014.05.02 2013고단2069 (1)
특수절도
Text

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

except that 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

On April 28, 2013, the Defendant, along with B and C on April 28, 2013, at around 20:05, when he was a 1 bicycle storage unit for the large-dong ginseng business apartment in the Dong-si Kimhae-si, Kimhae-si, the Defendant driven one of the victim D, which was parked at that place, and carried it into the F Truck that was set up in advance, and C moved to the same apartment 2 bicycle storage unit for which the owner cannot be identified.

As a result, the defendant, B, and C stolen the victims' property together.

Summary of Evidence

1. Application of the evidence list Nos. 2, 4-13 to the evidence list submitted by the prosecutor

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (including that the amount of damage is not large, and that the defendant has no other criminal records in Korea);

1. It is so decided as per Disposition for the reason that Article 62(1) (e.g., equity with accomplices in a bilateral sentence) of the Criminal Act is not less than the sentence;

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