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(영문) 부산지방법원 2014.05.22 2013고단8368 (1)
특수절도등
Text

A defendant shall be punished by imprisonment for six months.

However, 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

1. Around 07:00 on March 7, 2013, the Defendant and C jointly filed with the Defendant and C, and at the sobrying e in Busan, Seo-gu, Seo-gu, Busan, C reported the network, and the Defendant: (a) the victim, who is the customer’s name, placed one smartphone on the side; and (b) stolen the above smartphone between the locked and the locked.

3. On March 2013, 2013, the Defendant and F together with the Defendant and F: (a) around 04:0, 04:0, F reported the network of HE at the sobry Domina G; (b) the Defendant: (c) took three smartphones between the victims in the name of the customer, who suffered from the galthropt 2, along with three smartphones.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of C and F in the second trial records;

1. Each protocol of examination of the accused, C, F, and I by the prosecution;

1. Each police interrogation protocol against I and J;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment, etc. of a copy of judgment);

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

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., the defendant has no history of criminal punishment, and the defendant appears to reflect on the crime of this case, taking into account all the circumstances);

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act (see Reasons for discretionary mitigation);

1. It shall be so decided as per Disposition for the reasons under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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