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Reasons
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(영문) 부산지방법원 2016.10.13 2015고단6731 (1)
특수절도
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1. The defendant shall be punished by imprisonment for six months;

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

3.

Reasons

Punishment of the crime

On June 27, 2015, at the entrance of Busan Jin-gu, Busan, around 18:00, the Defendant divided the 127,000 health supplementary agents equivalent to 127,00 won in the market price owned by the victim E, where he had been placed in the stuff, at the end of 127,000 won in the market price, 1,000 won in the market price, 2 Arabic 1,000 won in the market price, 10,000 won in the market price, 40,000 won in the market price, 10,000 won in the south of the 30,000 won in the market price, 10,000 won in the shape of 40,000 won in the market price, 10,000,000 won in the market price, 10,000 won in the 30,000,000 won in the market price.

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. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Each police statement concerning E and F;

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

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

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

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

4. The reason for sentencing under Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act and Article 59 of the Act on Probation, Etc. [the scope of recommending punishment] of the basic area (the theft of stolen articles, etc.) of types 1 (the scope of 4-8 months) for general property [the decision of sentence] has no criminal history (the decision of sentence] [the fact that the contents of the crime are not somewhat harsh, the fact that the damaged article was partially recovered, the fact that the defendant was detained for more than one month and has an opportunity to reflect shall be considered as extenuating circumstances, and the other defendant's age, character, character, environment, etc.

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