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(영문) 부산지방법원동부지원 2020.10.16 2020고단247 (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

At around 01:00 on May 12, 2019, the Defendant and B, and C, known that the victim F, who purchased Orab from E Sabna located in Busan Shipping Daegu D, was admitted to the juvenile reformatory and was parked in the underground parking lot of the victim's house, and subsequently, the victim F, who was aware of the fact that the victim F, who purchased Orabab, was parked in the juvenile reformatory, was now parked in the victim's house underground parking lot.

At around 01:04 on the same day, Defendant B, B, and C got into the parking lot of H-dong 1st floor of the Busan Metropolitan City GGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGG, and they reported the network, and the Defendant used another ObbG that was in possession

As a result, the defendant stolen the victim's property together with B and C.

Summary of Evidence

1. Application of the Act and subordinate statutes to Defendant B, B, and C’s respective legal statements I, each police interrogation protocol K, F, and each police protocol against J as to each police protocol against J (on-siteCCTV) and investigation report (on-site photographs of suspects)

1. Article 331(2) and Article 53 and Article 55(1)3 of the Criminal Act applicable to discretionary mitigation of criminal facts;

1. The reasons for sentencing under Article 62 of the Criminal Code Article 62 of the suspended sentence is that the Defendant, B, and C, who have sold the victim, once again steals it from the victim, sell it to others, and the crime is inferior to the nature of the crime, or the victim was recovered from damage, or was not used from the victim.

However, in consideration of all the circumstances, such as the fact that the defendant fully recognized the crime of this case, the amount of damage is not high, and the defendant's age, character and conduct, motive, means and consequence of the crime, and the circumstances that form the conditions for the sentencing specified in this case after the crime, the punishment as ordered shall be determined.

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