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(영문) 대구지방법원 서부지원 2014.07.14 2014고단668
특수절도
Text

Defendants shall be punished by imprisonment for six months.

However, each of the above defendants is against the defendants for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendants, who work as a scambling technician, had the fuel deducted from the scambling machine in parking at night at the construction site and conspired to use them.

1. On December 17, 2013, at around 21:30 on December 17, 2013, the Defendants: (a) stolen approximately 120 L via (200,000 won at the market price) using a storage pool construction site located in Gohap-gun C; (b) the victim D owner cker in parking at that site; and (c) the victim D owner cker, who opened a fuel pool and prepared in advance, transferred approximately 20,000 L via plastic.

2. On December 21, 2013, at around 20:25, the Defendants stolen approximately KRW 110,000 at the 1.1 L market price, via the above method, at the site of the expressway construction located in the Blag in the elderly North-gun, and at the same time, the victim E-owner parked.

As a result, the Defendants committed a theft of another's property on two occasions together.

Summary of Evidence

1. Defendants’ respective legal statements

1. Prosecutorial suspect interrogation protocol against the Defendants

1. Photographs of mobile phone text messages;

1. Application of Acts and subordinate statutes on police statement to E;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decisions 201Do1148, Apr. 1,

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