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(영문) 서울남부지방법원 2013.05.29 2013고단949
특수절도
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, together with Dong C, has stolen the mat and powder in large Mt and brought about the second-year-old son who left the mat to the care facility.

1. At around 16:00 on February 15, 2013, the Defendant: (a) reported the network in the vicinity of Gangseo-gu Seoul, Gangseo-gu, Seoul, etc.; and (b) reported the network in and around C; and (c) the Defendant: (a) stored the goods equivalent to KRW 1,353,200 in the display stand, which was prepared in advance, in a bank; (b) stored the goods equivalent to the total market value of KRW 1,353,200 in the display stand, and stolen the property of the victim.

2. At around 17:00 on February 15, 2013, the Defendant, together with C, stored the victim’s home flusium in Gangseo-gu Seoul Metropolitan Government 18-24, in the vicinity, and C reported the network in the vicinity, and the Defendant, in advance, stored the goods equivalent to the total market value of KRW 514,370,00 in the display stand, and stolen the victim’s property.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol regarding C;

1. Each police statement made to D and E;

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

1. Article 331 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The sentence of Article 62(1) of the Act on the Suspension of Execution is rendered in cases where more than two persons combine [a] and substantial damage has been recovered [a]. (b) the scope of recommending punishment is determined as above on the grounds that there are grounds to take into account the motive for committing the crime among general larceny against general larceny in the category of larceny crimes, the basic area of imprisonment, six months in prison, one year and six months [a decision of sentencing], and the defendant is against the law.

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