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(영문) 수원지방법원 성남지원 2014.09.12 2014고단1053
특수절도
Text

A defendant shall be punished by imprisonment for six 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

On July 24, 2013, at around 07:00, the Defendant was in front of the F parking lot for the operation of the victim E located in Gwangju-si, Gwangju-si, and the Defendant was driving one ton truck, and met C, waiting in the vicinity by driving the said one ton truck, and C, the Defendant was waiting in the vicinity by driving the said one ton truck, and the Defendant was carrying one ton truck, which is an equipment for the excavating equipment in the aggregate amounting to 9.7 million won of the market price, and one ton truck.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. Report on occurrence of a theft;

1. Application of Acts and subordinate statutes to field photographs and photographs damaged by recovery;

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

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

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order Article 62-2 of the Criminal Act has been sentenced to imprisonment for a crime of the same kind; however, considering the fact that the accused is committed by committing the crime and the victim does not want the punishment of the accused, the punishment shall be determined as the same as the order;

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