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(영문) 부산지방법원 2017.11.23 2017고단1806
특수절도
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

However, for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendants were in the state of having weak ability to change things or make decisions due to a mental delay (Grade II). At G stores operated by the Victim F in Busan Young-gu around July 27, 2016, around July 16, 2016 by the victim F, Defendant A was on display at that place between the employees H’s job and the employees’ job.

980,000 Won Samsung Tgal juth, 5 mobile phones, and put them into Defendant B’s galle, and immediately went to the ombudsman, while leaving the store.

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

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of the Defendants to the prosecution

1. Application of the written statements to the victim;

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

1. Reduction of mental and physical weakness: Articles 10 (2) and 55 (1) 3 of the Punishment of Defendants;

1. Reduction of amount: Defendant B’s Article 53 and Article 55(1)3 of the Criminal Act;

1. Suspension of execution: The Defendants appear to have the attitude of recognizing and reflecting the fact that the reasons for sentencing under Article 62(1) of the Criminal Act were committed by the Defendants; the victims, in fact, agreed with all the Defendants and do not want to be punished by the Defendants; the circumstances leading to the instant crime, means and methods; the Defendants’ age, health, sexual behavior, environment, etc. and the conditions for sentencing under Article 51 of the Criminal Act as stated in the instant records and arguments, shall be comprehensively taken into account.

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