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(영문) 의정부지방법원 고양지원 2014.04.03 2013고단1913
특수절도
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

Criminal facts

Around 13:40 on September 28, 2013, the Defendant and D (the Defendant’s denial) put a minc-type 2 minc-type minc-type minc-type cminc-type 1312 in a cminc-type cminc-type cminc-type cminc-type cminc-type cminc-type cminc-type 349,800 won in total at the cminc-type cminc-type cminc-type cminc-type cminc-type cminc-type cminc-type cminc-type cminc-type cminc-type cminc-type cminc-type cminc-type cminc-type cminc-type cminc-type cminc-type cminc-type cminc-type.

Accordingly, the Defendant, together with D, stolen the property owned by the victim’s “Cos Korea”.

Summary of Evidence

1. In light of the fact that the contents of the E/F’s statement and attitude of the witness’s statement, most of the two witnesses’ statement coincide with each other, and that it is difficult for the witness to find the motive or reason for the false statement in the instant case, even if there are some parts different from the witness’s statement in the investigative agency, the witness’s statement is judged to be reliance.

2. Application of Acts and subordinate statutes to photographs of damaged articles;

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

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

3. On the grounds of sentencing under Article 62(1) of the Criminal Act, the method and method of sentencing of the instant crime, the collection of stolen property by the Defendant, the Defendant has no record of criminal punishment so far, and the sentencing data presented in pleadings, including the Defendant’s age, character, conduct and environment, were taken into account. Also, the sentencing guidelines formulated by the Sentencing Committee were also considered.

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