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(영문) 전주지방법원 2013.06.27 2013고단1276
특수절도
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2013 Height1276]

1. On August 7, 2012, the Defendant: (a) around 22:20 to 22:43, the victim D in the Jeonju-gun, North Korea, referred to as “E” managed by the victim D; and (b) F, to the Defendant, the Defendant: (c) was “F,” and the Defendant conspiredd to steals with F, with the consent of F, to have the powder stolen.

The F reported the network, and the defendant, 7 and 400 g) 7 and 12 g (400 g) are placed at the bottom of the excursion vehicle in the display stand, and concealed them. When purchasing other things, F has passed through the carper without calculating the other things.

As a result, the Defendant, together with F, stolen 19 of the above 702,30 won of the market price owned by the victim, and from that time, the victim’s “O” No. 6 of the attached crime list No. 1 until February 1, 2013 appears to be a clerical error. Thus, the Defendant corrected it to “M”.

The property of another person was stolen together with F in total nine times, such as the statement.

[2013 Height 1443]

2. On January 15, 2013, from around 19:10 to around 19:25 of the same day, the Defendant, together with F, stolen 27 copies of powder oil, such as the one-time movable and/or group oil, which is equivalent to KRW 1,083,90, in the display stand, from around 19:10 to around 19:25 of the same day, and from around 19:20 to around 19:25 of the same day, F reported to the network, and the Defendant stolen 27 copies of powder oil, such as one-time movable and/or group oil

Summary of Evidence

[2013 Height1276]

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. Written statements of D, J, K, L, M, N, and B [2013 Highest 1443];

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. Application of Acts and subordinate statutes to the police statement of I;

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. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 of the Criminal Act:

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