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(영문) 대구지방법원 의성지원 2014.05.22 2014고단59 (1)
특수절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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, together with Defendant B,

1. On March 16, 2014, at around 13:00, the victim D’s residence located in G, G, Sung-gun, G, and one cell phone and 400,000 won in cash on the market price owned by the victim, which was located on the floor of the living room at the same time via a corrected entrance;

2. At around 13:30 on the same day, the victim F, who was in custody in a small room, opened an unrecepted window and entered the house together, she cited the victim’s non-receptive cell phone and 1.60,000 won in cash and stolen.

Summary of Evidence

1. Each legal statement of the defendant and B;

1. Statement made to D by the police;

1. A statement prepared by the F;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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

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., Articles 53 and 55(1)3 of the Criminal Act (see, e., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more (the grounds for discretionary mitigation are repeated);

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