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(영문) 수원지방법원 평택지원 2016.11.24 2016고단1608

특수절도

Text

Defendant

A Imprisonment with prison labor for eight months and for six months, respectively.

However, as to the Defendants, each objection is made against the Defendants.

Reasons

Punishment of the crime

Defendant

A is the head of the Dong branch sales headquarters and the head of the Dong branch sales headquarters, and the defendant B is the representative of the same business support department.

On February 17, 2016, at least 14:32, the Defendants gathered that “MMMM feed,” which was owned by the victim E in Ansan-si, was stolen. Defendant A added the entrance part of the plastic bag to bring a plastic bag stored in the vehicle, and made it possible for Defendant B to contain the feed in the said plastic bag. Defendant B divided the fostering of “MMMM feed,” electricity, and 1 kg of the subsequent feed into the said plastic bag.

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

Summary of Evidence

1. Defendants’ legal statement

1. The police statement of G and E;

1. Application of photographic Acts and subordinate statutes to the head of a crime;

1. Defendants of relevant legal provisions concerning criminal facts: Article 331(2) and (1) of the Criminal Act

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendants of the community service order: The Defendants, with the reason of sentencing under Article 62-2 of the Criminal Act, committed a theft of samples of new products of a competing company, requires punishment corresponding to the criminal liability.

Defendant

A has no criminal record, Defendant B has no criminal record of the same kind, and there was no result of infringement of trade secrets specifically, taking into account favorable circumstances, such as the fact that the Defendants did not obtain particularly economic benefits, and setting each sentence by comprehensively considering all the factors of sentencing, including the position of each Defendants and the degree of the commission of the crimes.