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(영문) 춘천지방법원 강릉지원 2018.08.30 2018고단580
특수절도
Text

Defendant

A, B, and C shall be punished by imprisonment with prison labor for one year, and by imprisonment with prison labor for six months.

except that from the date of this judgment.

Reasons

Punishment of the crime

1. Defendants A, B, and C conspiredd to steals’s employees, who are employees of E’s subordinate companies, and to steal waste wires (former lines) stored in E’s camping site in the East Sea on April 19, 2018 at around 15:00 of the East Sea.

Accordingly, at around 22:50 on the same day, the Defendants were gathered into the said camping site, and Defendant A entered the said site beyond the hullum, and released out of the wall the waste cable equivalent to KRW 2,100,000 at the market price of the victim H in the said site. Defendant B and C got out of the wall, and Defendant B and C carried out the waste cable at the I Spo Road operated by D with the aforementioned waste cable under the wall.

As a result, the defendants stolen the victim's property together.

2. Defendant D knowingly stolen an abandoned cable in the open space at the date, time, place, and place described in paragraph 1, the Defendant sent the waste cable to the vehicle designated by C while driving the said waste cable.

Accordingly, the defendant was able to prevent the theft of A, B, and C by facilitating the theft.

Summary of Evidence

1. Defendants’ respective legal statements

1. Written Statement;

1. CCTV video CDs;

1. Application of internal investigation reports (on-site investigation, etc.), field photographs-related Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts and the choice of a sentence against Defendant A, B, and C: Article 331(2) and (1) of the Criminal Act; Article 331(2) and (1) of the Criminal Act; Articles 331(2) and (1) and 32(1) of the Criminal Act;

1. Defendant D to be mitigated: Article 32(2) and Article 55(1)3 of the Criminal Act;

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendant A, B, and C of the community service order: The grounds for sentencing under Article 62-2 of the Criminal Act are as follows: the following circumstances and the Defendants’ age, sexual conduct, environment, family relationship, motive and consequence of the crime, and circumstances constituting the conditions for sentencing as shown in the present pleadings shall be determined as ordered by taking into account.

The favorable circumstances: the defendants returned the waste cable and agreed smoothly with the victim, and the defendant D.

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