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(영문) 인천지방법원 2017.12.20 2017고단5747
특수절도
Text

Defendants shall be punished by imprisonment for six months.

However, the above judgment against the Defendants for two years from the date of this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendants, as employees belonging to the “E” company that installs cables, who are material-based cables, conspired to cut off cables at the construction site and dispose of them, and prepare drinking values, etc., on March 7, 2017, at the construction site of Incheon Jung-gu Incheon Airport No. 512, the construction site of the 512 roads each other. On March 7, 2017, the Defendants stolen them with approximately 210km of the market value, which is the new library owned by the victim corporation.

Accordingly, the Defendants committed a theft of the market price as the victim-owned cables together with the Defendants.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of the witness F’s legal statement Acts and subordinate statutes;

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

1. Defendants to be mitigated in amount: Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (The following favorable circumstances):

1. Defendants of a suspended sentence: Article 62(1) of the Criminal Act (The conditions considered below are repeated in favor of them):

1. Defendants of the community service order: The grounds for sentencing under Article 62-2 of the Criminal Act / [the scope of recommended punishment / [the scope of recommended punishment] The basic area (from June to one year and six months) of the theft of general property / [the decision of sentence] / The following circumstances include the Defendants’ age, sex, sex, family relationship, family environment, motive and means of the crime, and the circumstances after the crime, etc., shall be determined as ordered by the order.

The defendants make a confession of the crime of this case and reflects their mistake.

There is no record of punishment of the Defendants for the same kind of crime or imprisonment without prison labor or heavier punishment.

The Defendants deposited KRW 1.7 million.

D. Unfavorable circumstances: The Defendant did not agree with the victim even though the Defendant did not have a significant damage.

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