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(영문) 대전지방법원 서산지원 2016.12.08 2016고단657

특수절도

Text

1. The punishment of the defendant shall be determined by six months;

2. Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

1. At around 05:50 on October 6, 2009, the Defendant, in collaboration with C and D, used a cutting machine prepared in advance at the night site of the victim sculpary corporation located in C and C and C, which was approximately 60cm in length, and used the cule cable owned by the victim to load the ecule, and cut off approximately 71,382,748 m of the market value of the victim by driving the ecule vehicle.

2. On October 9, 2009, at around 05:50 on October 9, 2009, the Defendant stolen approximately KRW 386 meters of old electric wires equivalent to KRW 6,468,264 of the market price, which is owned by the victim, in collaboration with C and D, by the aforesaid method at the place specified in paragraph 1.

3. On October 13, 2009, the Defendant, together with C and D, stolen approximately KRW 283 meters of old electric wires equivalent to KRW 4,385,085,085, at the place specified in Paragraph 1, at the victim’s location described in the foregoing paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes on police statements made to G and H

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., agreement with the victim, confinement for a considerable period of time, and absence of circumstances showing the existence of profits from the instant crime);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);