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(영문) 부산지방법원 2014.05.01 2013고단8368
특수절도등
Text

Defendants shall be punished by imprisonment for six months.

However, this judgment shall be given to Defendant B for a period of two years from the date of confirmation of this judgment.

Reasons

Punishment of the crime

Defendant

On August 9, 2013, A was sentenced to 6 months of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in Busan District Court's branch branch, and 2 years of suspended execution on August 17, 2013, and the judgment became final and conclusive on November 6, 2013, which was sentenced to 8 months of imprisonment with prison labor for special larceny, etc. and 2 years of suspended execution on November 14, 2013.

1. On February 2013, the Defendant: (a) took off one of the instant smartphones between Defendant A and Defendant B while leaving one of the instant smartphones in the mutual influent clubs located in Busan-dong, Busan-dong; and (b) took off the instant smartphones on the table on the table, while leaving one of the instant smartphones in the city on the table.

2. At around 07:00 on March 7, 2013, Defendant A, Defendant E, and E combined, reported the network by the Defendant at the Grying site located in Seo-gu Busan, Seo-gu, Busan, and Party E took one of the above smartphones against the victim’s name in the name of the customer, and Party E stolen it.

3. Defendants B, E, and E jointly reported the network of Defendant B at the first 04:0 on March 2013, 2013, at the first 04:0, Defendant B, along with the victim in the name of a guest, posted three smartphones, such as gallon No. 2, and the locked by the victim in the name of the customer.

Summary of Evidence

1. Defendants’ legal statement

1. Each prosecutor's interrogation protocol against Defendants, E, and J

1. Each police suspect interrogation protocol against J, K, and E;

1. A report on investigation (a copy of the judgment shall be attached);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (prior to disposition, report on results of confirmation, and output of case search);

1. Relevant legal theft against criminal facts: Article 331 (2) and (1) of the Criminal Act; Article 329 of the Criminal Act;

1. Handling concurrent crimes (defendant A), the latter part of Article 37 and Article 39 (1) of the Criminal Act (trade between the records of the first head of a judgment on which each crime and judgment has become final and conclusive);

1. The Criminal Act is to increase concurrent crimes (defendant A);

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