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(영문) 창원지방법원 밀양지원 2013.04.11 2013고단172

특수절도등

Text

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 of the final judgment.

Reasons

Punishment of the crime

1. A thief: (a) around 23:0 on Apr. 4, 2012, the Defendant: (b) cut ten 10,000 g of Alumin powder scrap metal (the length: 1m, thickness: 3cm, 15cm: 15cm) with a total of 100,000 g of 10,000 won at the market price managed by the victim D belonging to the Department of Public Affairs of C in front of the building of a 2 plant special business department of C company, at the location of the building of the C company.

2. Special larceny Defendant in collaboration with E, and the same year from February 5, 2012

5. Until July 1, 200, the victim mobile communication base station (the intersection station) holding by the KT mobile communication base station (the KT mobile communication base station) holding the KT mobile communication base station in the CT TT mobile network, and the Defendant cut off approximately 10 meters of the 546,000 won of the market price by cutting off the 10 meters of the string line, which is the 546,000 won of the market price, and then cut off the Defendant into the math vehicle and cut it into the math vehicle, and then cut it over 10 times in total, as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect E by the prosecution;

1. The prosecutor's statement concerning the F;

1. Each police statement concerning D;

1. Application of Acts and subordinate statutes to prosecution documents and investigation reports (specific report on the amount of damage);

1. Relevant legal provisions concerning criminal facts, Article 331(2) and (1) of the Criminal Act that choose a punishment (the point of special larceny) and Article 329 of the Criminal Act;

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 (see, e.g., Supreme Court Decision 2006Da15488, Apr. 1, 201; Supreme Court Decision 2008Da1248, Apr. 2, 20

1. Article 62 (1) of the Criminal Act (resumed Circumstances in the past);

1. Social service order under Article 62-2 of the Criminal Act;