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(영문) 인천지방법원 부천지원 2012.12.03 2012고단1758
장물취득등
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 of the final judgment.

Reasons

Punishment of the crime

1. On October 201, between the Defendant and A and J combined, between 02:0 to 03:00 on the lower order and around 02:00,03:00, the victim N on the first floor of Seocheon-si, Seocheon-si, and the Defendant reported the network while waiting to install a hacker prepared in advance, and the Defendant and J invaded into the warehouse in the underground room and stolen the total market price of KRW 1,00,000 and KRW 10 km of the pipe, and loaded it on the hacker.

2. On December 201, 201, the Defendant, together with J, committed a theft of electric wires worth approximately KRW 2,00,00,000, when waiting at the entrance of the underground parking lot at Seocheon-si, Seocheon-si, Seocheon-si. The Defendant, while waiting at the entrance of the underground parking lot, reported the network, and J: (a) coming back to the parking lot on the second underground floor; (b) coming to the victim’s market price at approximately KRW 2,00,000; and (c) loaded electric wires worth KRW 2,00,000 in the victim’s U.

3. On February 2, 2012, the Defendant: (a) reported the network to X-gu, Macheon-gu; (b) and (c) cut off with approximately KRW 500,00,00 electric wires owned by the victim Q Q Q, which had been parked there.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of suspect by the police against J or A;

1. Statement made by the police to Q Q;

1. Application of Acts and subordinate statutes of the N or U;

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

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (including the force of the accused, the degree of his/her participation, the degree of damage, the family environment, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Probation under Article 62-2 of the Criminal Act;

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