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(영문) 부산지방법원 2013.11.21 2013고단2204
특수절도미수
Text

A defendant shall be punished by imprisonment for six months.

except that 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

around 12:00 on December 2, 2012, the Defendant: (a) stolen and stolen C, D, and steel bars; (b) the Defendant d's 4-wheeled d'obane driven by D; and (c) the Defendant d'd'd 4-wheeled d'obane, and arrived at the construction site of a bridge demolition work that is in the course of the work of removing a bridge after the Frant in Kim Sea E.

The Defendant and C, and D, using any cresh without any change at the construction site, were removed to the head of the construction site site by dividing approximately KRW 400 km (200 Gams) of the market value of the victim G owned at the same construction site into the above 2 Gams.

Accordingly, the defendant did not commit a theft of the victim's property in collaboration with C and D, but did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police interrogation protocol against the defendant, D, or C;

1. Each police statement of H and G;

1. Police seizure records;

1. Photographs, etc.;

1. Application of Acts and subordinate statutes to a report on investigation (such as a spacteral ground, etc. used for a case);

1. Articles 342 and 331(2) and (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (including the fact that the defendant has no record of punishment heavier than a fine, in addition to the punishment of a fine, and the crime of this case has been committed by committing an attempted crime and has no substantial damage);

1. It is so decided as per Disposition for the reasons above Article 62(1) of the Criminal Act (see the reasons for discretionary mitigation).

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