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(영문) 대구지방법원 포항지원 2014.05.09 2013고단1152 (1)
특수절도
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant 2 and B had the mind of theft of scrap metal together with C and D, and Defendant B and C boarded F-wing F-F-F-E, and Defendant and D were on board the G Poter Cargo, the Defendant owned, respectively. On September 25, 2013, around 22:20, 2013, at the port north-gu H, the victim corporation located in the north-gu, the port of port of port of port of port of port of port of port of port of port of port of September 25, 2013, the market price of the victim at the port of port of port was KRW 870,000,000, and approximately 2.6 tons of scrap metal, the market price of the victim company at the port of port of port of port, was divided into

Accordingly, the defendant and B stolen the property owned by the victim company together with D and C.

around 21:00 on August 29, 2013, Defendant 2 and B moved to the container owned by the Victim KK Co., Ltd. located in Yongcheon-si, Yongcheon-gu, J, 2013. At around 21:0, Defendant 2 opened a brupt of the around the container so that electric wires located in the container can be moved, opened a brupt of the crime prevention window installed on the container window, opened a brupt of the container window, followed up a 300m of electric wires, the market value of which is 2.3 million won owned by the victim company, and loaded them into the Gpoter cargo owned by the Defendant.

As a result, Defendant and B stolen the property owned by the victim company jointly.

Summary of Evidence

"2013 Highest 1152"

1. Entry of the accused in the first trial records B and the third trial records;

1. Statement of each police statement about L/ E;

1. Written statements;

1. Investigation report (verification of CCTV around the site and attaching photographs of suspected vehicles), investigation report (investigation of four mobile routes by four suspects), investigation report (report on the verification of the market price and quantity of stolen goods) (report on the verification of the market price and quantity of stolen goods);

1. Entry of the accused and B in the third protocol of trial;

1. Statement of N police statement;

1. A criminal investigation report (Attachment to On-the-spot photographs), investigation report (CCTV analysis), and investigation report (Additional Confirmation ofCCTV);

1. Application of the existing Acts and subordinate statutes under subparagraph 1 of this Article;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;

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