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(영문) 창원지방법원 2017.08.10 2017고단2015

특수절도등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. A special thief Defendant and B gathered to steal waste electric wires generated at the site of removal, and, on February 12, 2017, with the name of the members of the Changwon-si, Changwon-si, Seoul Special Metropolitan City, the victim-based management manager was neglected at the site of removal of the 63 Musan Public Athletic Site at the site of the removal construction work, and used the difference in the management of the site manager at the site of the 63 Musan Construction site, the Defendant used the 42 km electric wires in the market price, which is the ownership of Tae Tae-gu Construction Co., Ltd. at the site of the construction work, and cut off with the above waste electric wires with the vehicle number omitted

Accordingly, the defendant stolen the victim's property together with B.

2. Larceny;

A. On February 8, 2017, around 09:30 on February 8, 2017, the Defendant: (a) committed a theft of the waste cable generated at the site while working on a daily-service job at the aforementioned place; and (b) by taking advantage of the gaps in the management of the field manager, the Defendant used the gap in which the market price, which is the victim’s ownership, carried 50 km of the waste cable on his own Clearning car.

B. On February 20, 2017, around 09:30 on February 20, 2017, the Defendant: (a) cut off the market price of the above victim with 10 km electric wires in the same manner at the market price as above at the same place.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols concerning the interrogation of the accused and B by the prosecution;

1. A protocol concerning the examination of suspects of D;

1. Statement made by the police for E;

1. A protocol of seizure and a list of seizure;

1. The purchase price;

1. Application of Acts and subordinate statutes to photographs of seizure sites;

1. Relevant legal provisions of the Criminal Act, Article 331(2) and (1) of the Criminal Act (the point of special larceny) concerning facts constituting an offense, and Article 329 of the Criminal Act (the point of intention and the choice of imprisonment, respectively);

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

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount of loss (the defendant shows his attitude to repent his mistake as a confession) (the amount of damage caused by each of the crimes of this case is not significant, part of the damage was seized, and the victim was returned to the victim, and the defendant was punished against the defendant.