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(영문) 춘천지방법원 속초지원 2013.04.17 2013고단44
특수절도등
Text

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

Seized evidence 1, 2, 4 or 5 shall be confiscated.

Reasons

Punishment of the crime

[2013Kadan44] On January 15, 2013, the Defendant: (a) destroyed the entrance door, intruded into the warehouse in front of the urban gas container installed at the urban gas construction site managed by C victim D at the early time on January 15, 2013; and (b) stolen the number of water in front of the container installed at the site of the urban gas construction site; and (c) continuously opened two strings of fuel covers (E and F) installed at the construction site and prepared in advance using strings and strings, and deducted the sum totaling 200 liter of light oil contained therein from deduction of the sum totaling 20 liter of light oil generated therein; and (d) as indicated in the attached list of crimes, the Defendant stolen the total market value of 2,504,70 won from January 15, 2012 to January 15, 2013, respectively.

[20] On January 31, 2012, at around 23:00, the Defendant: (a) opened a pipe stringer installed at the gas pipeline construction site managed by the victim H located in Yangyang-gun, Yangyang-gun, with a cover cover of the fuel in two stringers (I and J) installed at the site; and (b) used a stringer, with a stringer, with a total sum of KRW 1,305,360 and deducted a total of KRW 720 square meters from the market price contained therein.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of K, L, or M;

1. Each statement of D, N,O, P, and H;

1. Each protocol of seizure and the list of seizure;

1. Written estimate (Simplified receipt - Nitter);

1. Application of the relevant field photographs and the Acts and subordinate statutes of each seized article;

1. Relevant legal provisions concerning criminal facts, Articles 331 (1) and 330 of the Criminal Act that choose a punishment, and Article 329 of the Criminal Act;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The defendant's reasons for sentencing under Article 48 (1) 1 of the Criminal Act recognize and misleads the defendant.

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