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(영문) 의정부지방법원 고양지원 2014.04.23 2013고단1309 (1)
특수절도등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. An attempted special larceny Defendant and C, who had no special occupation, have stolen another person’s things by using Libera as well as D (Suspension of Prosecution) known to ordinary people, and had them drinked with the said money in a drinking time, when they had no special occupation.

On October 2, 2012, around 08:30 on October 2, 2012, the Defendant, together with C and D, reached the front of the business building of Goyang-gu E apartment complex 6.

Defendant

C The network was set up in front of the entrance of the commercial building and D and Defendant A reported the network, and the market price of the victim F owned by the victim was set up until the rooftop, and the victim was set up, and the market price of the victim F owned by the victim was 400,000 won.

Accordingly, the defendant, C, and D attempted to steal the victim's property jointly.

2. On April 9, 2013, the Defendant: (a) went in front of the Goyang-gu Glllllllllla in Goyang-gu, Seoyang-gu; (b) 100,000 won of the market value of the victim H on the first floor of the underground floor; and (c) 2 kickboards equivalent to 100,000 won.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Each legal statement of C and I;

1. Protocol concerning the examination of suspect C by the prosecution;

1. A protocol concerning the suspect examination (two times, I, and replacement of the suspect);

1. Each police statement made to F and H;

1. Records of seizure and the list of seizure;

1. Damageed articles and photographs of trioo used by the defendant;

1. Application of CCTV image file Acts and subordinate statutes;

1. Relevant Articles 342, 331 (2) and (1) ( point of attempted larceny) of the Criminal Act concerning facts constituting an offense and Article 329 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. The suspension of execution is limited to attempted special larceny for reasons of discretionary mitigation under Article 62(1) of the Criminal Act, and the defendant.

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