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(영문) 수원지방법원 안산지원 2013.10.02 2013고단1938

특수절도

Text

Defendants shall be punished by imprisonment for six months.

However, as to the defendants for one year from the date this judgment became final and conclusive, the defendants are above.

Reasons

Punishment of the crime

At around 13:00 on March 8, 2013, the Defendants instructed the Defendant A and C, who is an employee of the above company, to dispose of 10 seated 6,800,000 won at the market price of the victim owned by the said company, in G factories operated by the victim F, located in the EST 606, the Defendant B, the managing director of the said company, the victim’s failure to manage the victim. Defendant A and C had loaded the above seat on one ton truck and stolen it.

As a result, the defendants stolen the victim's property together.

Summary of Evidence

1. Each legal statement of the defendant A and C;

1. Defendant B’s partial statement

1. Protocol concerning the examination of suspect of H by the prosecution;

1. Protocol concerning the suspect interrogation of each of the Defendants

1. Statement of each police statement made to F and I;

1. Photographs;

1. Application of Acts and subordinate statutes to an investigation report (price and confirmation of ownership of the goods subject to investigation);

1. Article 331(2) and (1) of the Criminal Act applicable to the relevant criminal facts;

1. Mitigation of discretionary punishment (hereinafter referred to as "voluntary mitigation") under Articles 53 and 55 (1) 3 of each Criminal Act (hereinafter referred to as "offenders"), including the following circumstances: Defendant B is the primary offender; Defendant A and C do not have any criminal record of imprisonment without prison labor or heavier punishment);

1. Article 62 (1) of the Criminal Act (including the case of defendants in consideration of the same circumstances as the above);