beta
(영문) 창원지방법원 진주지원 2015.08.26 2015고단613

절도

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 14, 2015, the Defendant cut up 2 lines equivalent to KRW 110,242 at the market price of the Korea Electric Power Corporation owned by the victim, and loaded them on the said vehicle at the section between 60 and 61, the Jindo line located at the entrance of the inspection of 6-18 Man-ri, Geum-dong, Sin-gun, Geumnam-do, Sin-do, Geumnam-do., the Defendant: (a) used the Defendant’s electric construction vehicle for the purpose of the inspection; and (b) cut up the electric wires equivalent to KRW 110,242, the Defendant owned by the Korea Electric Power Corporation.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Application of Acts and subordinate statutes to report internal investigation and investigation reports (on-site photographs), and telephone investigation reports;

1. Article 329 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. The scope of sentence recommended on the sentencing criteria [decision of types] the scope of ordinary larceny (special mitigation], and the amount of punishment not less than 4 months but not more than 10 months, respectively;

2. In light of the fact that the Defendant, who was sentenced to the sentence, committed a theft of electric wires several times, and thereby committed the instant crime, even though he was subject to the disposition of fine and the suspension of execution, the Defendant’s liability for the crime is not minor.

However, considering the circumstances favorable to the defendant, such as the fact that the defendant reflects his criminal act, the value of the stolen electric wire by the defendant is not significant, the fact that the defendant does not want the punishment of the defendant by compensating the victim for damage, the fact that the defendant does not have a criminal record of the defendant, etc., the punishment shall be determined as ordered in consideration of the circumstances favorable to the defendant, and other various sentencing conditions specified in the records and arguments of this case,