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(영문) 부산지방법원 2017.09.21 2016고단8066 (1)
특수절도
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

The crime history room: "The defendant was sentenced to one year to a suspended sentence of four months for a violation of the Military Service Act in the branch court of the Changwon District Court on May 12, 2016, and the judgment became final and conclusive on the 20th of the same month. On July 7, 2016, the same support was sentenced to two years of a suspended sentence of nine months for a crime of aiding and abetting the use of computers, etc. on July 15, 2016, and the above judgment was finalized on July 15, 2016.

[2] The crime committed by Defendant A, along with the joint Defendant C (hereinafter the Defendants), came to be “F restaurant” operated by the victim E located in the Seo-gu Busan from May 23, 2011 to May 24, 2011. From May 24, 2011 to May 24, 2011, Defendant C opened the shower of windows located on the side of the alleyway by the Defendant C, while viewing the network, Defendant A opened the shower of the windows located on the side of the alleyway by the Defendant C, and the Defendants came to go beyond the said place, and carried 50,000 won in cash, which is the ownership of the victim at that place.

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

Summary of Evidence

1. A protocol concerning suspect interrogation of the defendant A by the prosecution;

1. A protocol concerning the interrogation of a suspect against Defendant C;

1. Police statements;

1. A statement of the result of fingerprint appraisal and appraisal at a criminal scene;

1. Confirmation of identity of the thief concerned fingerprints, temporary flag, and on-site photographs;

1. The investigation report (the 17th time a month);

1. Previous convictions: Inquiry into criminal history, search of each case, and application of respective statutes of a judgment;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act: Provided, That the crime of this case and each crime for which judgment has become final and conclusive as stated in the judgment]

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The concurrent crimes of the latter part of Article 37 of the Criminal Act with the reason for sentencing of Article 62(1) of the suspended sentence does not apply to the sentencing guidelines.

It is a crime committed during the period of 15 years of age, which is recognized as a crime, lives under confinement for more than one month, and reflects the above crime, and several times of age before they become majority after the crime.

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