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(영문) 대구지방법원 2013.10.24 2013고단4247
특수절도
Text

A defendant shall be punished by imprisonment for six 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

1. On April 24, 2013, the Defendant, in collaboration with B and C, discovered and stolen bicycles equivalent to 130,000 won at the victim E-owned market price in the 13th floor, while getting out of the D apartment 108-dong, Da apartment 108-si, Gyeongbuk-si, in order to get out of the elevator and to the upper upper end of the elevator.

2. At around 21:50 on June 8, 2013, the Defendant, in collaboration with B and C, destroyed the elevator from the above D apartment 104 to the first floor, and black the bicycle to be stolen by examining and cutting each floor’s corridor. At the corridor No. 503, the Defendant, in combination with B and C, took one bicycle of 300,000,000 won at the victim’s market price from the corridor No. 503, one bicycle of 300,000,000,000 won at the victim’s market price from the corridor of the first floor, and took one bicycle of 10,000,000,000 won at the market price of the victim’s H by the same method from the second corridor of the above D apartment 108.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol concerning B and C;

1. The police statement concerning G;

1. Each written statement of E, H and F;

1. Protocols of seizure, list of seizure and submission at will;

1. Application of Acts and subordinate statutes to CCTV photographs;

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

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 2, 201)

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;

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