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(영문) 대구지방법원 김천지원 2013.05.09 2013고단314
특수절도
Text

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

Seized evidence shall be confiscated from the accused.

Reasons

Punishment of the crime

The Defendant conspired to steals electric wires at the construction site of the G'C' and Kimcheon-si D apartment at the work site of the Kimcheon-si.

At around 22:00 on March 24, 2013, the Defendant, along with the above “C, carried the said “C” on the part of the Defendant’s Defendant-owned Eystar Sheet, and cut off the wires around the construction site at night at night, and intruded into the said construction site managed by the Victim F through the steel gate, which is surrounding the other construction site, and the said “C” was forced to open the doors of the electrical control room, which is the other workshop in the construction site at the corrected construction site, by going through an unsatising tool, after going on the bridge at the construction site and preparing in advance, cut off the wires connected to the said electrical control house from the Defendant and cut off the wires connected to the said electrical control house, and the Defendant cut off the wires by putting the wires up the said “C” and cutting them together, bringing about a considerable amount of KRW 100,500 meters at the market price of the said electrical agent connected to the said construction site.

Accordingly, the Defendant, together with the above “C”, stolen the victim’s property management.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Records of seizure, list of seizure and photographs of seized articles, etc.;

1. Application of the Acts and subordinate statutes to photograph photographs after on-site photographs and CCTV screen pictures;

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 (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 48(1)1 of the Criminal Code of Confiscation [Determination of Punishment] - In case of larceny against general property (special scief) - In case of intrusion into places other than indoor residential spaces: In case of intrusion into places other than indoor residential spaces, no penalty is imposed - In case of aggravation of punishment - In case of intrusion into night destruction, damage, structure, etc. [the scope of recommendation] mitigation area, imprisonment from August to June [general person] - In case of combination of not less than two persons (whether to suspend the execution of sentence] - Major illegal reasons: organized or professional.

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