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(영문) 대전지방법원 서산지원 2017.02.24 2017고단33

특수절도

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Around 05:50 on October 6, 2009, the Defendant, in collaboration with C and D, used a cutting device prepared in advance at the camping site of the victim GGE company located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and formed approximately 60 cm of the victim’s electric wire at approximately 11,382,748 meters at the market price of the victim’s possession by carrying the H cargo onto the cargo vehicle and driving the H cargo vehicle, thereby cutting down approximately 710 meters of the old electric wire at KRW 11,382,748 at the market price of the victim’s possession.

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

3. On October 13, 2009, the Defendant, together with C and D, stolen approximately KRW 4,385,085,085 of the market price of the victim at the place described in paragraph (1) around October 05:15, 200 by the aforesaid method.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of a suspect by the prosecution against I or D;

1. Statement made to the prosecutor by the J;

1. Each police statement made to K and J;

1. Application of Acts and subordinate statutes in relation to a CCTV image closure, field photograph, and written judgment;

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Circumstances unfavorable to the reasons for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of volume: The fact that the defendant led the instant crime is expected to be, and the fact that the amount of damage is a large amount: the circumstance in which damage is advantageous to the maximum amount: the damage is likely to have been restored by D, the first offender is, the first offender is, the fact that the defendant's age, sexual behavior, environment, and circumstances leading to the instant crime are considered, and the punishment is determined as ordered in consideration of all the conditions for sentencing.