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(영문) 창원지방법원 2012.11.16 2012고단610
특수절도
Text

1. The Defendants shall be punished by imprisonment with prison labor for eight months.

2. However, as to the Defendants for two years from the day this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendants, who were currently employed in Gyeongnam-gun, was employed by the victim F as a technical employee in G in Gyeongnam-si, Kim Jong-si, G, the victim F.

The Defendants conspired to steals the pipe control tower, which is the core part of the pipe cutting machines (No. 3) from the main part of the pipe cutting machines (No. 1) in the above E plant, from the main part of the pipe cutting machines (No. 1).

At around 23:00 on October 25, 201, Defendants entered the above factory by using the compact cards with which they used as a vice head of the above company’s technical business operation at the above (H) factory and they called to bring their lapt North Koreas to the above factory, and Defendant B removed the pipe of the pipe cutting machinery (No. 1.5 million won or 2 million won at the market price, and cut off them by installing the control tower which could not be used due to any trouble.

As a result, the defendants stolen the victim's property together.

Summary of Evidence

1. Defendants’ respective legal statements

2. Each legal statement of J and K in part;

3. Partial statement of each prosecutor's interrogation protocol against the Defendants (including each K K's statement)

4. Statement made by the prosecution against F (including each part of the statement made by the court, K, and L);

5. Each police statement made to F and I;

6. Records of seizure and the list of seizure;

7. Photographss of seizure, photographs of the scene of damage, and photographs of seized articles;

8. Application of Acts and subordinate statutes to investigation reports (referring to submission of estimates for damage and documents showing the status of damage to equipment);

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

2. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act (each of the following factors shall be taken into account):

3. Defendants in a suspended sentence: Article 62(1) of the Criminal Act (see, e.g., “the grounds for a suspended sentence”).

4. Defendants of community service order: The reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.

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