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(영문) 부산지방법원 2016.02.15 2015고단531
특수절도
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 27, 2014, at around 16:19, the Defendant conspired with C to detect the victim D and to steal the cell phone owned by the victim from the Jinsan subway Station located underground 1101 along with C on October 27, 2014 at the city of Busan, the city line of the victim, and C 50,000,00 won in Samsung Ggal jum, which is located at the right side of the victim's right side by pushing together after the victim, and then cut off one of the smartphones of Samsung Ggalle, which is located in the main machine on the victim's right side.

They go back.

Accordingly, the Defendant, together with the above C, stolen one smartphone owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the photographic Acts and subordinate statutes to the scene of crime, and to the head of escape;

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 for mitigation of a small amount (see, e.g., Supreme Court Decision 53 and 55 (1) 3) of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);

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