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(영문) 창원지방법원 2015.05.28 2014고단584 (1)
특수절도
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

On February 12, 2014, the Defendant and B around 12:05, around 12:05, around the victim D's house located in Kimhae-si, in mind that the market price of the building materials owned by the victim was 80,000 won or more, stolen 2 white pipes in an amount equivalent to the market price of 80,000 won.

Accordingly, the defendant stolen the victim's property together with B.

Summary of Evidence

1. Each police interrogation protocol on the accused and B;

1. Written statements prepared in D;

1. The criminal place;

1. Report on occurrence of a theft;

1. Application of Acts and subordinate statutes for reporting internal accidents;

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. Reasons for sentencing under Article 62 (1) of the Criminal Act [Scope of recommending punishment] : Type 1 (Larceny of Articles in Custody, etc.) basic area (4 to August) - No lower limit of six months (a lower limit of the punishment by law), which is the lower limit of the punishment by law (a decision of sentence] 8 months of imprisonment, suspension of execution 2 years (the motive and method of criminal conduct, damage size, balance with B, etc. for which the judgment has become final and conclusive) for general property;

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