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(영문) 부산지방법원 2016.04.21 2015고단6731
특수절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 27, 2015, the Defendant at the entrance of Busan District Office D Studio 204, Busan District around 18:00 on June 27, 2015, at the victim E-owned at the end of 127,000, the market price of which is equivalent to KRW 17,000, and food equivalent to KRW 179,000 in the market price.

1. On an emergency flashing 1 set-off, 1 to 30,000 won in the city, 2 to 80,000 won in the city, 1 to 40,000 won in the city, 1 to 70,000 won in the south of the shape of national defense, the market price of which is equivalent to 10,000 won, 1 to 1 to 70,000 won in the shape of national defense, 1 to 1 to 25,000 won in the city, 1 to 3,000 won in the city, 7 to 1 to 10,000 won in the city, 29,000 won in the market, 1 to 1 to 1 to 3,00 won in the shape of national defense, and to 1 to 1 to 1 to 1 to 0,00 won in the market, 1 to 0 to 1 to 1 to 10,00 won in the market price, 1 to 1 to 00.

As a result, the Defendant, together with C, stolen property equivalent to the total market value of KRW 1,343,00.

Summary of Evidence

1. Statement by the defendant in court;

1. Partial statement concerning C in the protocol concerning the interrogation of suspect; and

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of field photographs);

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

2. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of punishment [the scope of recommending punishment] [the grounds for sentencing under Article 53 and Article 55(1)3 of the Criminal Act [the scope of recommending punishment] There is no person [the person subject to special sentencing] in the basic area (from April to August) (the theft of things, etc. neglected) for general property. [the decision of sentencing] There are several types of crimes under the suspension of execution, and the contents of the crime are also not easy to commit the crime in this case during the suspension period.

However, the circumstances where the defendant is against the defendant and the workplace of the defendant submits a written application for coal for the defendant are considered as factors favorable to the sentencing.

In addition, the sentencing factors, such as the age, sex, environment, etc. of the defendant, shall be determined as per the order.

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