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(영문) 전주지방법원 군산지원 2017.05.24 2017고단443

특수절도

Text

Defendants shall be punished by imprisonment for six months.

However, the Defendants are above two years from the date of the final judgment.

Reasons

Punishment of the crime

Defendants are construction machinery mid-to long-term drivers. The Defendants are construction machinery mid-to long-term drivers.

Defendant

A calls from Defendant B on September 27, 2016 to Defendant B, and “There is no ethm distance and no oil value.” In the middle equipment at the construction site, the oil is cut out.

The author suggests that "I will use", and the defendant B prepared a portable acute abandonment of fuel in advance.

on September 29, 2016, at around 20:0, the Defendants loaded a portable fuel-to-port-to- fuel-to-port-to-port-to-port-to-port-on fuel-to-port-to-port-to-port-on fuel-to-product fuel-to-product fuel-to-product fuel-to-be located in Gcheon air owned by the injured Party F, open the fuel-to-product fuel-to-product fuel-to-be in its possession, and connected oil to the oil-to-be prepared.

The 20 liters cited by the Defendants were contained in the fuel tank.

As a result, the Defendants jointly deducted 700 liters from the market price of 800,000 won owned by the victim.

In addition, from that time until April 10, 2017, the victims’ property was stolen by means of loading 4,700 liters and 300,000 won at the market price and 4,70,000 won at a total of eight times, as shown in the list of crimes in the attached sheet of crimes, from that time, from that time, from that time to that time, the victims’ property was stolen by means of loading stacks at the market price of 6,42,00 won and 300,000 won at the market price.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of the Defendants to the prosecution

1. Each police statement made to H, I, and J;

1. Each statement of F, K, L, M, N, andO;

1. Each protocol of seizure and the list of seizure;

1. Each CCTV photograph and traffic specifications;

1. Application of Acts and subordinate statutes to report on investigation (abusing criminal tools and photographs of damaged articles);

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Reduction of a small amount under Articles 53 and 55 (1) 3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act for the suspension of execution;

1. Reasons for sentencing of Article 48 (1) 1 of the Criminal Act (defendant B) [the scope of recommending punishment] general property: theft of one type (the theft of things, etc. left alone).