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(영문) 부산지방법원 2018.03.14 2017고단6419
특수절도
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

However, from the date this judgment became final and conclusive, Defendant.

Reasons

Punishment of the crime

1. On July 24, 2017, Defendant A, who got fishing to the crypian system around July 24, 2017, found one unit of the victim C-owned DNA Doma 530cc test straw, stolen it, stolen it to Busan, and stolen it together with E.

Defendant

On July 26, 2017, at the same time, A and E were parked with the above Orala F parking lot around July 26, 2017. Defendant A was pushed ahead of the above Orala in an amount equivalent to KRW 8 million at the market price owned by the victim, parked in the parking lot, and pushed down it behind E, followed up about KRW 500 meters, and carried the above Oralab on the cargo vehicle operated by G, which arrive upon contact with B.

As a result, Defendant A stolen property together with E.

2. Defendant B’s special larceny aiding and abetting Defendant B sent to assist the theft of the victim’s property owned by the victim’s C as above, Defendant B sent an article of thalths as soon as possible in order to steals the Otoba at a scopic area of not more than Seoul around the same day.

The phrase “componing” received E’s telephone calls and called “I cannot move Otoba by losing Otoba,” and aided the said G by sending 50,000 won down payment to the said G, thereby aiding and abetting the said A and E’s special larceny.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol of suspect interrogation of each police officer regarding E;

1. Statement of the police statement related to G;

1. Application of C’s written laws and regulations

1. Defendant A of the relevant Article of the Criminal Act concerning the crime: Article 331(2) and Article 331(1) of the Criminal Act: Articles 331(2) and (1) and 32(1) of the Criminal Act;

1. Reduction of punishment (Defendant B) (Article 32(2) and Article 55(1)3 of the Criminal Act

1. Reduction of volume, Articles 53 and 55 (1) 3 of the Criminal Act (i.e., counter-influences, and the fact that damaged articles have been seized and returned to the victim, etc.);

1. As to the suspension of execution, Section 62 (1) of the Criminal Act, and Section 1 of the same Act;

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