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(영문) 부산지방법원 동부지원 2013.03.27 2013고단492
특수절도
Text

A defendant shall be punished by imprisonment with prison labor for a maximum term of eight months or less.

Reasons

Punishment of the crime

While the Defendant was living in the military, the Defendant, along with AK (17 years of age) and BC (15 years of age) who was fright to live in the military, has gathered the gold products in the house of friendly BD.

On July 28, 2012, from around 20:00 to 01:00 the next day, the Defendants: (a) cut off the victim BD (17 years of age) located in Busan Jin-gu BE; (b) while playing together with the victim, the victim frights over the fruit and drinking water, etc. with the victim, the victim frights out of the outside for the purpose of the other party's fraud, using the gap of the market price of 400,000 won and 210,000 won of the market price.

Accordingly, the Defendant, together with the above AK and the above BC, stolen another’s property as above.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of suspect of the police against BC or AK;

1. Application of Acts and subordinate statutes on police statements concerning BD;

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

1. Article 2 and Article 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act;

1. The sentencing reasons under Articles 2 and 60(1) of the Juvenile Act, taking into account the methods and contents of the crime in this case, the degree of the defendant's participation, criminal records, etc., and other circumstances of this case, including the fact that the defendant repents his mistake in depth, shall be determined as ordered by taking into account the overall circumstances of this case.

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