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(영문) 서울북부지방법원 2013.12.10 2013고단1880
특수절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On May 1, 2013 and May 1, 2013, the Defendant, “2013 Godan180, the Defendant, at C and on May 1, 2013, moved in a cresh in front of the road in Jung-gu Seoul, Seoul, and moved in a type of machinery in excess of 1.5 million won at the market price owned by the victim E.

Accordingly, the defendant stolen the victim's property together with C.

The Defendant, around 03:20 on August 31, 2013, 2013, led one machine extracted from the “LOVH” type equivalent to 800,000 won at the market price owned by the victim G, which was installed in the middle-gu Seoul Metropolitan Government.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of suspect of the police against C, H, and I;

1. Protocol of the police statement concerning G;

1. E statements;

1. Police seizure records;

1. Application of Acts and subordinate statutes to a investigation report (the verification of CCTV around the site of the incident, and CCTV verification of the control center);

1. Relevant Articles 331 (2) and (1), and 329 of the Criminal Act concerning facts constituting a crime;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (the fact that the machinery owned by the victim E has been returned to the victim; the circumstances leading to the instant crime, the age and environment of the defendant, and all other circumstances, such as the records leading to the instant crime;

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);

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