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(영문) 수원지방법원 안산지원 2016.02.26 2016고단33

특수절도

Text

Defendant

A and B shall be punished by imprisonment with prison labor for ten months, and by imprisonment with prison labor for four months.

However, the defendant C is subject to objection.

Reasons

Punishment of the crime

Defendant

B and A are prison motivations with no certain occupation, and Defendant C is a person who engages in the business of leasing snow materials in the name of “F” located in the Dong-gu, Ansan-si.

1. Defendant B and Defendant A’s special thief at a construction site: (a) conspired with a stolen temporary installation by enging it; (b) Defendant B took the role of loading the article on a vehicle by stealing it; and (c) Defendant A took the role of driving the vehicle to be used for committing the crime and selling stolen stolen articles.

According to such public offering, from September 21, 2015 to 03:10 on September 22, 2015, the Defendants: (a) loaded construction materials worth KRW 5,630,000, total of 5,130,000, and the market price of KRW 5,630,000, in total, on the said vehicle, using the gaps in which G 2 freight vehicles arrive at the construction site at the H drainage area at the time of Sinscing and interesting, and the surveillance was neglected; and (b) stolen them.

As a result, the Defendants committed a theft of another's property jointly.

2. On September 22, 2015, Defendant C acquired stolen materials in total amounting to KRW 5,630,000, 500, i.e., KRW 5,630,000, i.e., KRW 270, the stolen market price of Defendant A and B, and KRW 50,000, i.e., KRW 130,000, even though he/she was aware that construction materials equivalent to KRW 5,630,00 are stolen, as set forth in the foregoing paragraph 1.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of suspect of the police to K;

1. Making entries of an order related to damaged goods;

1. Response to a request for appraisal;

1. Application of CCTV data related to vehicles for use, CCTV image-related Acts and subordinate statutes in the owner of a G vehicle and the actual driver's workplace (F);

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A and B: Article 331(2) and (1) of the Criminal Act

B. Defendant C: Article 362(1) of the Criminal Act (the choice of imprisonment)

1. Reduction of volume (Defendant A and B) Articles 53 and 55 of the Criminal Act.