(영문) 부산지방법원 2019.03.21 2018고단4776



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.


Punishment of the crime

At around 02:30 on July 16, 2018, the Defendant, in collaboration with B and C, destroyed the network in the vicinity of the construction site by taking advantage of the gaps in which D victim E was in charge of the site site, and the Defendant and C stolen it on two occasions at KRW 100,000,000 of the construction site, which was located inside the first floor of the construction site.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of each police suspect against the accused, B, or C;

1. E statements;

1. The application of Acts and subordinate statutes to photograph the recovery of damaged articles and report on investigation (the verification of damaged articles);

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

1. Article 53 of the Criminal Act for discretionary mitigation (Consideration, etc., referring to the following reasons for discretionary mitigation):

1. Article 62(1) of the Criminal Act of the suspended execution (the following matters, etc. shall be repeatedly considered):

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Where the sentencing criteria are applied [the range of recommending punishment] for general property: the special mitigation area (4 to 1 year and 6 months) (special mitigation area) (4 to 1 year and 6 months) and intrusion upon any place other than indoor residential space (4 types), and no penalty surcharge is imposed;

2. The sentence shall be imposed as ordered in consideration of the fact that the defendant who was sentenced to a sentence made a confession of all the crimes, the depth of his mistake is divided, the damaged goods are returned, and the victim has agreed smoothly with the victim, the age of the defendant, criminal records, etc.