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(영문) 의정부지방법원 2012.10.12 2012고합174

특정범죄가중처벌등에관한법률위반(절도)등

Text

Defendant

A Imprisonment for four years, for four years and six months, for Defendant B, for Defendant C, for three years and six months, and for Defendant D.

Reasons

Punishment of the crime

Defendant A is a person who was sentenced to a suspended sentence of imprisonment with prison labor for ten months with prison labor for special larceny in the Seoul District Court’s Dong Branch on March 4, 1986; on April 6, 2009, to a fine of five hundred thousand won with prison labor for larceny; on March 10, 1965, Defendant B is a person who was sentenced to a suspended sentence of imprisonment with prison labor for a maximum of one year with prison labor for special larceny at the Chuncheon District Court on May 4, 1966; on the same date, two years with prison labor for a maximum of one year with prison labor for the same crime at the Seoul District Court on October 2, 1981; and on September 21, 2005, to a person who was sentenced to a suspended sentence of imprisonment with prison labor for two years with prison labor for the same crime at the Seoul District Court on January 21, 2005; and on September 10, 2010.

【Criminal Facts】

1. Defendants

A. On December 2, 2011, the Defendants: (a) stolen construction materials, etc. at a construction site at a drinking house where it is impossible to know the trade names in the latter part of society with C related persons to the traffic of society; and (b) conspired with C to sell them on the water.

피고인들은 C과 함께 같은 달 초순 24:00경 남양주시 J K 현장에서, 그곳에 적재된 피해자 L 주식회사 소유의 건축자재인 시가 4,600,000원 상당의 지승 교량의 상부구조에 작용하는 힘을 하부구조에 전달하는 건설자재, 일명 샷보드 또는 서포트, 이하 같다

In preparing one ton and one ton of steel bars and carrying one ton of cargo vehicles, the cargo vehicle was stolen, and the vehicle was stolen from around that time to February 1, 2012, and the construction materials, etc. in total amounting to 86,470,000 won in the market price were stolen by the aforementioned method, including the list of crimes (1).

As a result, the Defendants habitually stolen the victims' property together with C.

B. The Defendants committed habitual theft with Defendant C and D have stolen construction materials, etc. at the construction site together with C and D related persons of society.