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(영문) 광주지방법원 2015.01.15 2014고단4602

특정범죄가중처벌등에관한법률위반(절도)

Text

Defendant

A Imprisonment with prison labor for two years and for one year and six months, respectively.

Defendant 1, 2, as seized evidence 1, 2.

Reasons

Punishment of the crime

Defendant

A on July 30, 198, at the Seoul Eastern District Court, has been sentenced to a suspended sentence of 2 years for special larceny.

Defendants from July 22:46, 201 to the same month.

8. From 03:59 to 03, Defendant B reported the network, Defendant A cut the electric wires to cut off the safety labelling set up on the electric poles, and cut off the electric wires with 4,632,000 won at the market price of the high-power shop located in Korea.

The Defendants, together and habitually from around November 9, 2014, as indicated in attached Table 1, 4, 5, 9-16, 20-27, together with each other, stolen agricultural electric wires equivalent to 76,184,00 won in total at the market price over 14 times, and attempted to steal agricultural electric wires in the same way five times, but the Defendants attempted to block the crime by using the same vehicle in the same way, but attempted to block the crime or by leaving an Aluminum electric wire with no product character. Defendant A habitually committed an attempted crime under the same method as indicated in attached Table 2, 3,6-8, 17-19 on six occasions in the same manner as indicated in attached Table 16,64,00 won in total at the market price, and attempted to cut off agricultural electric wires over two times in the same way, but attempted to stop or attempted to commit the crime.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the interrogation of suspects of E;

1. Statement of the police statement concerning F;

1. Each statement of G, H, I, J, K, and L;

1. The application of the relevant Acts and subordinate statutes to records of seizure, list of seizure, photographs of seized articles;

1. Article applicable to criminal facts;

A. Defendant A: Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 329, 331(2), and 342 of the Criminal Act, and choice of limited imprisonment

B. Defendant B: Articles 5-4(1), 331(2), and 342 of the Act on the Aggravated Punishment, etc. of Specific Crimes; Determination of limited imprisonment

1. Discretionary mitigation Criminal Act;