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(영문) 울산지방법원 2013.06.10 2012고단3436 (1)
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

Defendant and C gathered money from the scam bank on August 13, 2012, 09:38 on August 13, 2012, Defendant and C collected money from the scam bank, and, at around 09:38, in the operation of the victim E in Busan Northern-gu, Busan, Defendant and C induced the victim to unscam the scambling of the scam by accessing the victim, leading the victim to unscaming the scambling, and Defendant opened a safe in the scam and carried 40,000 won in cash owned by the victim.

As a result, the Defendants committed a theft of another's property jointly.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning suspect interrogation of C;

1. E statements;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of photographs);

1. Article 331 (2) of the Criminal Act applicable to the crime;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 53 or 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1540

1. Article 62 (1) of the Criminal Act on the suspension of execution (Consideration of discretionary mitigation, etc.);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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