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(영문) 광주지방법원 순천지원 2014.10.28 2014고단1290
특수절도
Text

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

At around 12:00 on February 23, 2013, the Defendant, along with C, a line, which was known at a building site near the B apartment site, and arranged the remaining scrap metal used at the construction site at the above construction site, with a view to less than the thought of the volume of the scrap metal, the Defendant: (a) taken off the iron bars that had not been used in the supervision at the construction site; and (b) taken it off with a creb that had not been used in the supervision at the construction site; (c) reported the network coming from other employees at the construction site; and (d) instructed the Defendant to load the steel bars that had not been used by the Defendant to carry with the driver of the said site with the scrap metal; and (e) cut it into the said vehicle by carrying approximately 6 tons of the iron bars equivalent to the market value of KRW 4.260,000,000 in the market value of the b&C owned by the Defendant.

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

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect C by the prosecution;

1. Application of each police protocol of statement to D, E, and F

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da15488, Apr. 1, 2009);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

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