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(영문) 광주지방법원 순천지원 2014.06.11 2014고단280

특수절도

Text

Defendants shall be punished by imprisonment for six months.

except that the execution of each of the above penalties shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 25, 2013, at around 10:50, the Defendants discovered the cable lines installed by the injured party at the prices of the roads located in Geumyang-si-si-dong, and Defendant B reported the network around the surrounding areas, and Defendant A cut the cable lines (not less than KRW 359,980 at the market price) using the hacksaws prepared in advance and cut them together.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made to D by the police;

1. E statements;

1. Report on taking over a flagrant offender suspected of special larceny;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Defendants of relevant legal provisions concerning criminal facts: Article 331(2) and (1) of the Criminal Act

1. Defendants subject to discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Do349, Jan. 2, 2011);

1. Defendants on probation: Article 62 (1) of the Criminal Act (recognating Grounds for Discretionary Mitigation);