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(영문) 광주지방법원 순천지원 2014.12.18 2014고단1309 (1)
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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

The Defendant stolen another’s property together with C over the following two occasions.

1. The Defendant, around 22:00 on July 15, 2014, 200, boarded D Poter Cargo Sheed and arrived at the front of the G construction site managed by the victim F in lightyang-si, the Defendant: (a) loaded approximately KRW 584,00 in the aggregate of market prices he stored at the G construction site managed by C with C; and (b) loaded 37 parts of the system non-refrating refrating steel scrap equivalent to KRW 584,00 in the aggregate of market prices he stored.

2. On July 19, 2014, the Defendant was on board the above cargo seat driven by C around July 15, 2014, and was above A.

After having arrived at the same place as in paragraph C, the system non-refisture 64 and the pipe 10 of the non-fisture plate, which is the total market value of KRW 841,000, which was stored in the storage together with C, was stolen while loading the above cargo.

Summary of Evidence

The legal statement of the defendant, the third protocol of trial (C), each police protocol of the F/H, CCTV image data, and the application of the police seizure protocol laws and regulations

1. Article 331 (2) and (1) of the Criminal Act applicable to the crimes.

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

3. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act.

4. Suspension of execution under Article 62 (1) of the Criminal Act (The confession of and reflects on the criminal conduct, and consideration of the initial crime).

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