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(영문) 부산지방법원 2017.12.20 2017고단5039
특수절도
Text

Defendants shall be punished by imprisonment for six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendants, around September 4, 2017, entered the middle-gu Busan Metropolitan City C commercial building, and stolen precious metals.

1. On September 4, 2017, at around 20:13, the Defendants entered the store “D” in the shopping mall, and, at the entrance of the entrance, Defendant A sent attention to the victim E, who is the owner of the business, using the cresh, and Defendant B took a pair of 14 K ebbs equivalent to KRW 1.50,00 in the market price of the victim’s possession displayed at the display stand in the said store. 2. On September 24, 2017, the Defendants moved to the “F store” in the said shopping mall by means of the said method, and cut off two ebs of KRW 1.30,00 in the market price of the victim G ownership. Accordingly, the Defendants jointly stolen the victims’ property.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each written statement of E and G;

1. Application of Acts and subordinate statutes to reports on occurrence of accidents and on seizure records;

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for mitigation of a small amount of punishment (with no previous conviction for the same crime, reflects the depth of the crime, and returns of both thefts to victims, etc.);

1. Reasons for sentencing under Article 62 (1) of the Criminal Act ( Taking into account the grounds for mitigation of the amount of punishment) of the suspended sentence [the scope of recommendation] There is no person who has the basic area (from June to one year and six months) (the person who has been specially sentenced to sentencing] (the decision of sentencing] (the decision of sentence] and six months of imprisonment and two years of suspended sentence; and

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