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(영문) 의정부지방법원 2014.02.04 2013고단3989
특수절도
Text

Defendant

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

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From June 3, 2013, the Defendants opened a door that was not corrected by the K TP base station located in the Young-si, 5-gil, 16-h, 2013, and Defendant A opened a steel file that was located therein and cut off wires connected to four spare power storage batteries (the total market price of KRW 1,200,000) owned by the victim KT2 Host Company, which were located in the storage box using the spare parts prepared in advance, and the Defendants, together, loaded the storage batteries for the said spare power into C Kak, and then Defendant A driven the said car.

Accordingly, the Defendants committed a theft of the property owned by the victim jointly.

Summary of Evidence

1. Defendants’ legal statement

1. Each prosecutor's interrogation protocol against the Defendants

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes to investigative reports (such as the number of vehicles recorded by reference witnesses, and photographing photographs of damaged site);

1. Article 331(2) and (1) of the Criminal Act applicable to the relevant criminal facts;

1. Mitigation of discretionary work (in consideration of the fact that the criminal defendant reflects himself/herself and the fact that the criminal defendant deposited 1.2 million won for the victim) under Articles 53 and 55 (1) 3 of each Criminal Act;

1. Article 62 (1) of the Criminal Act (including repeated consideration of the circumstances specified in the above) of each of the suspended execution;

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