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(영문) 대전지방법원 논산지원 2013.12.24 2013고단409

특수절도등

Text

Defendants shall be punished by imprisonment for eight months.

Reasons

Punishment of the crime

At around 23:30 on August 7, 2013, the Defendants: (a) removed 80 ethyl-rating drain lines equivalent to 4,800,000 won at the market price managed by the victim D, which was installed at the place, from among the 23:30 on August 7, 2013; (b) removed 80 ethyl-rating drain lines at hand; and (c) attempted to steal ethyl-rating units at the market price of KRW 29,181,00 on a total sum of 13 occasions from July 2013 to August 18, 2013, as indicated in the List of Crimes in the attached Table, and attempted to steal ethyl-rating units at least five times in total.

Summary of Evidence

1. Defendants’ legal statement

1. Each statement made by the police officer in relation to E, F and G;

1. Each description of the police statements of D, H, I, J, K, L, M, N,O, P, Q, and R;

1. Each description of each damaged field photograph, CCTV photograph, estimate, and each investigation report, or the application of statutes related to images;

1. Articles 342, 331 (2) and (1) (a) (a point of multiple larceny) of the Criminal Act, each of the relevant provisions of the Criminal Act, concerning facts constituting a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Scope of punishment: Imprisonment for six months to seven years (at least six months to seven years (at least two concurrent offenders, and discretionary mitigation);

2. Sentencing criteria:

(a) Each special larceny [decision of type of punishment] Each thief group, each thief group, and each thief group (the scope of recommending punishment): Imprisonment with prison labor for up to 4 months to 10 months: no special mitigation factor: no special aggravation factor of damage recovery or punishment;

(b) The lower limit of the above recommended sentence shall be the lower limit of the total concurrent crimes, from April to June 10 of imprisonment [10 months ( October x 1/2)]. The lower limit of the above recommended sentence shall be the lower limit of the total concurrent crimes.

3. Determination of sentence: The number of months of imprisonment for not less than 18 months exceeds 18 times and the law of crime is planned and the total amount of damage reaches 30 million won, and the case of Defendant A.