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(영문) 대구지방법원 서부지원 2013.04.16 2012고단1155

특수절도

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 September 11, 2012, the Defendant and C used a cret in the place where the victim E was removed from the 5th floor of the F hotel located in Daegu-gu, Daegu-gu, on September 23:00, the Defendant and C left the cable to put the cable, and C laid the cable to put it in the air in advance by cutting the said cable at the hacksaw, which is the victim’s possession, approximately 100 km electric wires, approximately 5 km, approximately 5 km, approximately 1 38 cm electric wires, approximately 1 5 km, 6 cm electric wires, and 10 km electric wires, the total market price of which is equivalent to approximately 847,000 km and KRW 121 km, which is equivalent to the total market price of 100 km.

Accordingly, the defendant stolen the victim's property together with C.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning suspect interrogation of C;

1. Protocol of the police statement concerning G;

1. Seizure records;

1. Application of each statute on photographs;

1. Article 331 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (including the fact that the injured party does not want the punishment of the accused and the accused is against him/her, etc.);

1. It is so decided as per Disposition for the reasons under Article 48(1)1 of the Criminal Act of confiscation;