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(영문) 청주지방법원 2020.11.04 2019고단843

특수절도

Text

Defendants shall be punished by imprisonment for six months.

However, each of the two years from the date of the final judgment against the Defendants.

Reasons

Punishment of the crime

On April 6, 2019, around 11:14, 2019, Defendants arrived at the above place in front of the victim D’s building located in Cheongju-si, the Cheongju-si, with water purifiers, lighting fixtures, etc., the market price of which cannot be determined by using the creb in which no one exists within the above building, and loaded the above cargo onto the vehicle and loaded it.

At around 19:36 on the same day, the Defendants arrive at the above location, and Defendant A cut off two of the hack pipe structures and three of the hack pipe support units with which the market price installed around the above building cannot be ascertained by using the hacker, and the Defendants loaded the above cargo while loading it.

Accordingly, the Defendants jointly stolen the property owned by the victim.

Summary of Evidence

1. Defendants’ partial statement

1. Application of Acts and subordinate statutes to photographs of crime scene;

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

1. Reduction of a small quantity under Articles 53 and 55 (1) 3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act of the suspended execution;

1. The Defendants and their defense counsel asserted that there was no intention of larceny because they knew that the damaged goods of this case were abandoned, and thus they did not have any intention of larceny. However, even according to the Defendants’ statements, the damaged goods of this case were placed immediately adjacent to the building owned by others. However, even according to the Defendants’ statements, the Defendants did not take procedures to confirm the ownership relationship with others prior to the occurrence of the damaged goods. The Defendants visited the site of this case at low time after taking a part of the goods at night after taking out the damaged goods, and brought about a reduction structure and a hack pipe support unit among the damaged goods of this case at night. The victims reported theft to the police immediately after the occurrence of this case.