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(영문) 대전지방법원 천안지원 2016.09.27 2016고단834 (2)
특수절도
Text

Defendants shall be punished by imprisonment for six months.

However, as to the defendants, the period of one year from the day when this judgment became final and conclusive.

Reasons

Punishment of the crime

From January 3, 2016, from around 23:00 on January 3, 2016, the Defendants reported the gap in the victim H operation in Nam-gu, south-gu, Dongcheon-gu, Dongcheon-si, to the outside of the network of the Defendant B, and Defendant A and C invaded into the wire line caused by the above “I” door, and then stolen the weight of the victim’s ownership and electric wires, and then Defendant A prepared in advance.

In addition, the Defendants tried to steals and I again to steals from the Southern Middle School in the Southern-ro 90, Nam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, and then stolen the Guide, etc. owned by the victim.

In addition, the Defendants, as above I, carried the electric wires worth KRW 1850,000,00 in total, including the market value of 350 km and 50 km of electric wires owned by the victim at the above I, on two occasions.

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

Summary of Evidence

1. Defendants and K’ respective legal statements

1. Each protocol concerning the interrogation of the Defendants, K, and L by the prosecution

1. Each police statement made with respect to M and N;

1. A H statement;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. Reduction of a small amount under Articles 53 and 55 (1) 3 of the Criminal Act;

1. The reason for sentencing of Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended punishment] The ground for sentencing of Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended punishment] 4 types of theft in general property (the fourth to one year) [the special mitigated person] in the area other than the indoor residential space (the fourth type] in case of intrusion into the place outside the indoor residential space, (the decision of the sentence ] in which all the defendants did not have any particular criminal history, (the decision of the sentence ] in which they agreed with the victim, and

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