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(영문) 부산지방법원 동부지원 2014.09.24 2014고단1027
특수절도
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

"2014 Godan1027" Defendant conspiredd to steals at the convenience store located in the place of the house along with his male and female living together with C, and entered the F convenience store operated by the victim E in Suwon-gu Busan on May 1, 2014, along with C.

After the Defendant suffered from C’s cker, the Defendant collected one artificial accumulated amounting to KRW 4,00, the market price of the victim’s possession at the display stand from C, and 13,000, the market price of which is KRW 13,000, and collected it in the cker.

Then, the defendant, who was in the display stand, was put in a 23,000 won in the market price of the victim, which is the victim's possession.

The next defendant and C have been driving the goods by calculating only 1,000 foot gum gum, 1,000,000 won.

Accordingly, the Defendant, together with C, stolen the victim's property amounting to the total market value of KRW 40,000.

around 01:10 on May 13, 2014, the Defendant: (a) entered the convenience store operated by the victim H of the victim H in Chungcheongnam-si, North America on May 13, 2014 with C, and (b) induced employees J to have cash payment instruments; and (c) the Defendant, in collaboration with C, stolen the victim’s property by carrying a sum of KRW 10,000 in total of the market price of 2A and 2 B of tobacco in the Kabrter display stand.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol regarding C;

1. Application of the respective Acts and subordinate statutes of E and H;

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

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decisions 201Do139, Jan. 1, 201>

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Social service order under Article 62-2 of the Criminal Act;

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