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(영문) 수원지방법원 안산지원 2016.11.18 2016고단2776
특수절도
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

Reasons

Punishment of the crime

Defendant

On October 2, 2013, A was sentenced to imprisonment of one year and six months for fraud at the Suwon District Court and completed the execution of the sentence on June 4, 2014.

The Defendants jointly and severally, from March 15, 2015 to December 21, 201 of the same month, followed the gap in the management of the victim F who was awarded a successful bid for all the goods such as scrap iron in the above factory through auction at the factory E Co., Ltd. E, Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., E, Inc., Ltd., Ltd., Ltd., Ltd., Ltd., and Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., for the period from March 15, 2015 to the 21st of the same month, followed the employees employed in advance while acting as if they had rights to the goods in the above factory, and entered the above factory, and caused the above parts to cut the electric wires installed on the ceiling and roof of the above factory, and brought the Defendants to prepare for the goods to be loaded well on the roof.

As a result, the Defendants, together, stolen six tons of electric wires owned by the victim F.

Summary of Evidence

1. The defendant A's partial statement

1. Each legal statement of a witness A and B;

1. Each prosecutor's interrogation protocol against the Defendants

1. Each police statement made to F, G, and H;

1. Investigation report (to hear statements from victims on telephone communications);

1. Before judgment: Application of the Act and subordinate statutes to criminal records and investigation reports (reports, such as before and after repeated crimes);

1. Defendants of relevant legal provisions concerning criminal facts: Article 331(2) and (1) of the Criminal Act

1. Defendant A among repeated crimes: Article 35 of the Criminal Act;

1. Discretionary mitigation Defendants: The Defendants, on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act, committed the instant crime even though they were previous.

In particular, the defendant A is in the period of repeated crime, and the defendant B is in the period of suspended execution (the present period of suspended execution is limited to the period of suspended execution).

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