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(영문) 창원지방법원 2013.04.19 2012고단3887
특수절도
Text

Defendants shall be punished by imprisonment for six months.

However, each of the above punishments shall be executed for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 26, 2010, at around 03:00 on July 26, 2010, the Defendants, along with C, drinked with the victim E, with the victim’s money. C, in order to avoid suspicion, they drink with the victim’s daily behaviors, and carried out with the victim’s keys and cell phone, and the Defendants opened a car door of the victim’s vehicle parked at the mother park and carried out 2,850,00 won within the door.

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

Summary of Evidence

1. Defendants’ respective statements in the first trial records;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to each investigation report (Attachment of field photographs and site appointment);

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( Taking into consideration favorable circumstances, such as the fact that he/she acknowledges and speaks against the victim, the payment of a reasonable amount to the victim, and the fact that he/she is an initial offender with no criminal power);

1. It is so decided as per Disposition on the grounds of Article 62 (1) (recognating the above conditions) of the Criminal Act or more;

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