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(영문) 의정부지방법원 2018.04.20 2018고단793
절도미수등
Text

1. The defendant shall be punished by imprisonment for one year;

2. One cuter (No. 1) and one cut (No. 4) respectively.

Reasons

Punishment of the crime

On February 25, 2018, the Defendant found the gap in the lower part of the wall, which was managed by D Co., Ltd., Ltd., the Defendant, at around 17:40 on 17:40 on the 25th 2018, discovered the electric wires and intrudes into the said fence, which was listed on the F Co., Ltd., owned by the victim Korea Electric Power Co., Ltd., and carried out a cut-out with the front part of the electric wires connected to the G electric poles (50m in length, 8.8m in thickness) connected with the G electric poles between the large-scale electric poles, and continued to have been located on the H electric poles (50m in length, 50m in length, 8.8m in thickness, 20m in length), but did not know one part of the electric wires connected with the G electric poles between the two.

As above, Defendant 1 invadedd the structure managed by D Co., Ltd., and attempted to steals electric wires worth approximately one million won at the market price owned by D Co., Ltd.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J or K;

1. A report on internal investigation (Attachment of damaged photographs), investigation report (Attachment of the budget bill for power distribution construction), investigation report (verification of fences and photographs intruded by a person under investigation and attachment of photographs);

1. Vehicles of the victim, on-site photographs, and seized cut photographs;

1. Application of seizure records and statutes concerning the list of seizure;

1. Relevant legal provisions concerning criminal facts, Articles 329 and 342 of the Criminal Act (a point of attempted larceny) concerning the selection of punishment, Article 319 (1) of the Criminal Act (a point of intrusion upon residence), and the choice of imprisonment, respectively;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes prescribed for the attempted larceny with heavier punishment);

1. The crime of this case with reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act was committed by the Defendant by intrusioning into the farm managed by the victimized person and cutting off electric wires at the market price of one million won connected to the telegraph, thereby committing an attempted crime during the theft. The Defendant is the Defendant.

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