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(영문) 부산지방법원 2013.06.13 2012고단9906
특수절도
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On May 1, 2010, the Defendant, at the warehouse located in the (ju) Franchis branch operated by the victim E in Busan, Busan, which was operated by the Defendant on May 1, 2010 with C, transferred the ice lease material to C, such as coil in the total market value of the victim owned by the Defendant, which was kept in custody to sell to the customer without the victim’s prior consent or instruction, and C stolen the above ice lease material, etc. using a vehicle with no known number of which it had been prepared in advance, by using the vehicle where C cannot identify the number of which it was prepared in advance.

In addition, the Defendant, together with the above C, stolen a total of 360,873,100 won of the market price by the same method as indicated in the attached crime sight table between around that time and November 29, 2010.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The prosecutor's statement concerning G;

1. Application of the police interrogation protocol to H and I, and the police interrogation protocol to the accused (No. 5 and the questioning) statute;

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

1. From among concurrent offenders, the sentencing factors consisting of: (a) recovering KRW 87 million out of the amount damaged by the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act; (b) taking account of various circumstances, including the fact that the amount damaged by the family is in a position to support the family; (c) reflectivity; (d) the extent of damage is large; and (e) the fact that the victim requires severe punishment; and (e) the unrepared damage is considerable; and (e) other factors, such as motive, means and result of the crime; (e) the defendant’s age, environment, criminal record, family relationship; and (e) the circumstances after the crime.

It is so decided as per Disposition for the above reasons.

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