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(영문) 대전지방법원 논산지원 2013.12.03 2013고단417

특수절도

Text

1. The defendant A shall be punished by imprisonment with prison labor for ten months and by imprisonment with prison labor for six months;

2. As to items 1 through 3 of seized evidence;

Reasons

Punishment of the crime

On August 4, 2013 and August 11, 2013, at around 21:30 and around 22:40 on August 11, 2013, the Defendants came to G factory owned by the victim F, Inc., Ltd., Inc., Ltd., Ltd., E at the time of B, and Defendant B reported the network in the surrounding areas, cut off the former electric wires inside the said factory with his name in advance, and Defendant A cut off the former electric wires inside the said factory with his name in advance, and operated the said cut electric wires by carrying them on the Hpoter cargo vehicle.

As a result, the Defendants stolen the total amount of KRW 13,297,214 from the old electric cable market price owned by the victim in collaboration with the false names twice.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police officer on I;

1. Statement of the F police statement;

1. On-site photographs, written confirmation of damage amount, each CCTV photograph, truck photograph, comprehensive details of the vehicle, entries in the seizure report, or the application of the statutes on images;

1. Defendants of relevant legal provisions concerning criminal facts: Article 331(2) and (1) of the Criminal Act

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act

1. Defendant A: Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

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 area subject to special larceny [decision of types of larceny] Each thief group, and each area subject to mitigation of types of larceny (a general larceny) for general property: Imprisonment with prison labor for not less than 4 months from 10 months to 10 months: None of the factors subject to special mitigation;

(b) Three months to one year and three months (the period of recommendation) of imprisonment with prison labor for a majority crime (the period of recommendation).

3. Determination of sentence: Defendant A’s imprisonment for 10 months, Defendant B’s imprisonment for a planned crime committed by the Defendants in advance, and Defendant B’s imprisonment for six months, and the amount of damage was not much recovered and did not reach an agreement with the victim. In light of the above, the sentence against the Defendants is to be imposed.