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(영문) 수원지방법원 안산지원 2018.08.28 2018고단554
특수절도
Text

A defendant shall be punished by imprisonment for six 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

Punishment of the crime

The Defendant and C stolen an official wound with his knowledge in the course of being on a old-age, conspired to sell it to scam, and led the hand, leading the hand, and black the object.

1. Around November 23, 2017, the Defendant and C found a public room with the victim E in front of the warehouse located in Ansan-si, Ma, Ansan-si. Around November 23, 2017, the Defendant and C: (a) discovered a public room with the victim E in front of the warehouse; (b) reported the network from side; and (c) the Defendant: (a) cut off the public room with the victim’s own interest equivalent to KRW 120,00 of the market price of KRW 12,600; (b) 20 of the public room with the amount of KRW 20,600 of the market price; and (c) 34,600 of the public room with the total amount of KRW 34,600 of the market price of KRW 20,00.

2. On November 24, 2017, at around 13:07, the Defendant and C discovered a public room with the same place as indicated in paragraph 1, and at the same time, C reported the network from next to C, and the Defendant: (a) took away the things worth KRW 13,000, totaling 50 won of the market price of the small-type 5,000, and 8,000 won of the market price of the public room in his/her possession in his/her hand.

The Defendants, together with the above, stolen the property owned by the victim in total amounting to KRW 47,600,000.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Each written statement of E;

1. Application of Acts and subordinate statutes to records and lists of seizure, and photographs of seized articles;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The sentencing of Article 62(1) of the Act on the Suspension of Execution is the small amount of damage, most damaged articles were returned, and the defendant shows his attitude of pening and reflecting the wrongness of the defendant, and the sentence is determined as shown in the Disposition above.

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