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(영문) 울산지방법원 2014.01.23 2013고단3260
특수절도
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

Defendant

A around December 7, 2012, around C, D, E, and Ulsan-gun F of Ulsan-gun, intended to steals mobile phones at the G restaurant located in C, D, E, and Ulsan-gun, Daegu-ro around December 15, 2012.

1. On December 15, 2012, around 06:31, 2012, the Defendant found the victim J who was divingd in the 1 set soup and soup bank located in the Daegu Seo-gu Seo-gu, Daegu-gu, and the Defendant reported the network and stolen the network with one cellular phone of the amounting to KRW 990,000,000, the market value of the victim owned by the victim adjacent to the Plaintiff.

2. In collaboration with D, the Defendant discovered the Victim K, who was diving at the same time and place as that set forth in Paragraph 1, and, in the same manner as that set forth in Paragraph 1, stolen it with one cell phone of the amount equivalent to KRW 800,000,000, market price owned by the victim.

3. On December 15, 2012, around 09:46, the Defendant found the victim N, who was divingd in the Mabatong L L in Daegu-gu L, Daegu-gu, and found C, D, E with the network, and the Defendant stolen it with one cellular phone of Samsung jum 3,000,000 won at the market price of the victim’s head.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol for D, C, or E;

1. Application of each statute of the N, K, and J

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

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment determined for special larceny of paragraph (3) of the same Article which is the most severe punishment);

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

1. Article 62 (1) of the Criminal Act;

1. Special larceny committed by two or more persons on probation and community service order under Article 62-2(1) of the Criminal Act, which is a special larceny for which a sentence of imprisonment is inevitable, and a juvenile protective disposition was issued six times for the same kind of crime. The instant crime also leads to three times, and the Defendant has not yet been able to take into account the fact that the amount of theft has not yet been high.

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