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(영문) 전주지방법원 남원지원 2015.01.20 2014고단287
절도등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. A thief, at the steel tower in the base station, committed theft with a view to stealing the lightning bus bars from the steel tower in the base station. On October 2014, the Defendant: (a) worn the rink work clothes and tools possessed in the steel tower in the front-nam Cancer-gun, Young-gun; (b) cut off approximately 300,000 won of the victim’s ice owner’s ice, using the cutting machine; and (c) cut it by cutting it over seven times in total from around that time to November 8, 2014 by cutting the lightning bus bars in an amount of KRW 2.4 million in total at the market price, as indicated in the attached list of crimes, as seen above.

2. At around 14:00 on Nov. 17, 2014, the Defendant attempted to cut off approximately 25 meters of the market price of the victim, which is the victim of the company, by wearing rink work clothes and tools possessed in a steel tower located in the cat base station located in the territorial waters of Jeon-gun, Jeon-gun, North Korea, and would be a cat employee. However, the Defendant attempted to cut off approximately 25 meters of the catulation, which is the victim of the company, using the cutting machine, but was discovered to the manager C and attempted to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. E statements;

1. Police seizure records;

1. Application of Acts and subordinate statutes to each investigation report (related to details of damage caused by steel towers in the base station, and related to field inspection photographs);

1. Relevant Article 329 of the Criminal Act, Articles 322 and 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, and the choice of imprisonment for a crime;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of recommendations according to the sentencing guidelines (decision of types of punishment), theft against general property, theft against general property, and absence of Type II (general larceny) [Scope of recommendations] basic area: Imprisonment with prison labor for up to June 1st and June;

2. The crime of this case in which the sentence of sentence was determined.

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