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(영문) 부산지방법원 동부지원 2012.12.14 2012고단3822
특수절도
Text

1. Defendant A shall be punished by imprisonment for six months.

2. Defendant B

(a) The defendant shall be punished by imprisonment for six months;

(b) except that;

Reasons

Punishment of the crime

Defendant

A On February 10, 2012, the Busan District Court was sentenced to one year to six months of imprisonment with prison labor for special larceny, etc., and the judgment was finalized on February 18, 2012. On June 27, 2012, the same court was sentenced to two years of suspension of execution for eight months of imprisonment with prison labor for special larceny, etc., and the said judgment became final and conclusive on July 5, 2012.

On September 25, 2012, at around 04:00, the Defendants came to a F cafeteria operated by the victim E in Busan, the captain of the vessel, and the Defendant A reported the network, and Defendant B, in both hands, carried 20,000 won in cash, which was affected by intrusion into the restaurant, into the restaurant, and contained in the Western glass.

As a result, the defendants stolen the victim's property together.

Summary of Evidence

1. Defendants’ legal statement

1. Statement of E;

1. Responses to the results of on-site identification, places of identification, photographs, and fingerprints appraisal at criminal scene;

1. Previous convictions indicated in judgment: Criminal records, previous records of disposition and report on results of confirmation, and application of Acts and subordinate statutes concerning investigation reports (Attachment of judgment);

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

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

1. Suspension of execution (Defendant B) Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act);

1. Article 62-2 of the Criminal Act;

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