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(영문) 대구지방법원 서부지원 2013.08.13 2013고단517
특수절도등
Text

Defendants shall be punished by imprisonment for six months.

However, for one year from the date of confirmation of each judgment against the Defendants.

Reasons

Punishment of the crime

1. On August 2012, Defendant A’s sole criminal administration found one unit of gallon S2 smartphone when the victim’s market price cannot be known, which is the victim’s ownership, where the name was left behind the table table table, while the Defendant took F and G meals in the “E” restaurant located in Daegu-gu, Daegu-gu, Daegu-gu., 2012, and put the aforesaid smartphone into the Defendant’s bank.

Accordingly, the defendant stolen the victim's property.

2. On September 2012, the Defendants 1 and 23:00 on the early 23:0, and returned home with the Victim J at the “I” house located in the Junggu Daegu-gu, Daegu-gu, the Defendants 1 and 200: (a) were under the influence of alcohol, and the Defendants 1 and 6,10,000 won at the market price of the victim’s possession, which was in the victim’s home while leaving the victim’s home, she falloned the Defendant B with one unit of galtho-phone, which was in the victim’s home; (b) Defendant B deducted the core of the said smartphone; and (c) Defendant A put the said smartphone into his home.

As a result, the defendants stolen the victim's property together.

Summary of Evidence

1. Defendants’ respective legal statements

1. A suspect interrogation protocol concerning B by the prosecution;

1. Application of the police statement law to J

1. Relevant Article 329 of the Criminal Act and Article 331(2) and (1) (a) of the Criminal Act and Article 331(2) of the Criminal Act (a point of concurrent larceny) Defendant B: Article 331(2) and (1) of the Criminal Act;

1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act

1. Defendants on probation: It is so decided as per Disposition by the assent of all participating Justices on the grounds of Article 62(1) of the Criminal Act.

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