특수절도미수등
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
(e).
Punishment of the crime
1. On January 201, 2012, the Defendant: (a) discovered seven non-meter pipes equivalent to KRW 70,000 at the market price of the victim F-owned property; and (b) reported the network to other Defendant, and stolen the pipe in loading the cargo.
Accordingly, the defendant stolen another's property together with C.
2. On January 201, 2012, the Defendant: (a) discovered a clean pipe that connects the 400,000 won of the market value of the victim H to the construction site located in the Chungcheongbuk-gun G, which was driven by C and C, and (b) discovered the cresh that is irrelevant to the surrounding area; and (c) reported the network by other Defendant, and C loaded the said cresh while loaded the cargo onto the cargo vehicle.
Accordingly, the defendant stolen another's property together with C.
3. On January 2012, the Defendant: (a) taken a cargo vehicle driven by C and Habman on the Habn, and stolen a clean pipe that connects the victim H’s market price of KRW 600,000, at the same place as that of paragraph (2) in the same manner as paragraph (2).
Accordingly, the defendant stolen another's property together with C.
Summary of Evidence
1. Defendant's legal statement;
1. Protocol concerning the examination of suspect C by the prosecution;
1. Application of the F and H respective Acts and subordinate statutes;
1. Article 331 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;
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 (hereinafter referred to as the following grounds for sentencing):
1. The reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., Article 62(1) of the suspended sentence) is that the defendant commits a theft of another person’s goods jointly once.
However, the fact that the defendant is recognized to be wrong, that the defendant agreed with the victim H and deposited the amount equivalent to the amount of damage to the victim F, that the defendant is the first offender, and that the defendant is the first offender.