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(영문) 부산지방법원 2017.02.06 2016고단5834
특수절도등
Text

A defendant shall be punished by imprisonment for six months or more.

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

Reasons

Punishment of the crime

The defendant, together with C, D, E, and F, received money from the owner of the pawnpo and conspired to raise entertainment expenses, etc.

Defendant

On May 11, 2016, around 18:00, the victim H in Jung-gu Busan Metropolitan City led to the "I pawnpo" of the operation of the victim H, and the defendant, C, and E waiting for the victim to immediately flee outside the said pawnpos, while D and F entered the said pawnpos to be in charge of raising money booming the victim and receiving KRW 80 million in cash from the victim, and escape out of the said money to confirm the identity of the victim.

Accordingly, the defendant stolen the victim's property together with C, D, F, and E.

(2) Summary of evidence of 2016 order 5834)

1. Each legal statement between the defendant and C;

1. Each protocol concerning suspect interrogation of the accused, C, E, F, D, J, K, L, M, N, orO;

1. Each police statement made against H, P, Q, R, and S;

1. Application of the Acts and subordinate statutes to each investigation report and internal investigation report;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate amount of punishment (see, e.g., age, records of crimes, degree of reflectability of the accused);

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act (Concurrent consideration for reduction of the amount of punishment);

1. Article 62-2 of the Criminal Act on the observation of protection;

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