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(영문) 대구지방법원 2015.01.30 2014고합683
특정범죄가중처벌등에관한법률위반(절도)
Text

Defendant

A and B shall be punished by imprisonment with prison labor for four years, and Defendant C shall be punished by imprisonment with prison labor for six months.

However, the defendant C is subject to objection.

Reasons

Punishment of the crime

【Defendant A was sentenced to three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Busan District Court’s Branch on September 25, 2008. On November 4, 2011, the execution of the sentence was completed in the Ulsan District Court on September 20, 2013. Defendant B was sentenced to one year and six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Suwon District Court’s Ansan Branch on March 17, 2011. On August 28, 2012, the same court was sentenced to one year and six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and completed the execution of the sentence in the Yongsan Prison prison on December 28, 2013.

【Criminal Facts】

1. Defendants A and B violated the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) are those who came to know of having been sentenced to punishment in Chuncheon prisons.

Defendants conspired to steals industrial electric wires installed in the factory together.

around 17:08 on September 20, 2014, the Defendants habitually parked in the “G” factory in Youngcheon-si where the E-Poter truck drivened by Defendant A was loaded along with the E-Poter truck drivened by Defendant A, and parked in the vicinity thereof.

The Defendants landed from the above cargo vehicle to the above factory, cut the locks, cut the door, cut the door, and intruded into the entrance, and at this place, Defendant A would have a size easy to transport power cables installed inside the factory using the bridge and cutting machine in advance. Defendant B moved the electric wires cut by Defendant A to the entrance. Defendant A would have moved the said cargo vehicle inside the factory and loaded the electric wires cut with Defendant B before the entrance. On the same day at around 20:49, the Defendants got off the said cargo vehicle and loaded the electric wires cut together with Defendant B. At around 20:49 on the same day, the Defendants got off the said cargo vehicle, thereby cutting off the said cargo vehicle at the market price of KRW 40,235 km from June 3, 2014 to November 23, 2014.

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