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(영문) 부산지방법원 2017.05.01 2017고단1444
특수절도
Text

Defendants shall be punished by imprisonment for six months.

However, the defendants are above one year from the date when this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On February 15, 2017, around 13:00 on February 15, 2017, the Defendants committed the crime, and around 13:00 around Busan Eastdong-gu, 200: (a) around the “E” store operated by the victim D, who was in front of the above store, carried two parts of the total market price of KRW 16,00,000, which was in front of the above store.

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

2. On February 16, 2017, the Defendants committed the crime committed at around 13:00 around February 16, 2017: (a) around 16, 2017: (b) around 13:00, Defendant B left the above store with a view to drinking water; and (c) Defendant A left the victim’s trial line while drinking water; and (d) Defendant A her cre in the victim’s market price, which was located in front of the above store, carried two parts of the total market price of KRW 16,00,000.

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

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of each statute of the D;

1. The Defendants: Article 331(2) and (1) of the Criminal Act; Articles 331(2) and (1) of the Criminal Act; Articles 331(2) and (3) of the Criminal Act

2. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.

3. Small-scale mitigated Defendants: Articles 53 and 55(1)3 of the Criminal Act (which reflects the nature of the Defendants and are considered to be a small amount).

4. Defendants on a suspended sentence: Article 62(1) of the Criminal Act (Consideration of favorable circumstances described above);

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