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(영문) 부산지방법원 2013.10.30 2013고단4748
특수절도
Text

A defendant shall be punished by imprisonment for six months.

However, 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

At around 22:00 on June 7, 2013, the Defendant and B, on the top of the trade name “E” operated by the victim D in Busan District, Busan District, the Defendant reported the network outside the above body, and the Defendant, who was an employee on the above body, opened the above body door with the key received from the victim and opened the door, and loaded the above body door into the Liba, the market price of which is the victim’s possession, and carrying the waste wires into the leba, which was prepared in advance, from that time until July 2, 2013, together with water in total of 468,400,00 won, such as the list of crimes in attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. The suspect interrogation protocol of the police as to B;

1. Application of Acts and subordinate statutes of D;

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 (the severe penalty for concurrent crimes as provided for in special larceny of July 2, 2013), among concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (i.e., confession, reflectivity, and a relatively small amount of damage);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;

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