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(영문) 인천지방법원 2020.09.22 2020고합121
송유관안전관리법위반등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

Around July 14, 2017, the Defendant received a proposal from B that “it may receive KRW 200,000 from the Cheongju only.” On July 22, 2017, the Defendant conspired to commit a theft of oil and to divide the sales proceeds by cutting off oil into the pipelines managed by Cheongju-si C at Seowon-gu, Seowon-gu, Cheongju-si.

On July 22, 2017, the Defendant, along with D, carried out the overall responsibility for financing, field answers, securing selling places, etc., and the Defendant, D, and F, etc., sold the land to the oil pipelines until the oil pipelines laid underground by inserting the land, and installed a water pressure valve using a melting machine, electric drying, etc. on the oil pipelines, and failed to find the oil pipelines without any experience to connect oil pressures to the warehouses located at approximately 400 meters away from around 40 meters away.

After all, the defendant, in collusion with D, installed facilities to steal oil in the pipelines managed by the victim dopco, and attempted to steal petroleum possessed by the victim dopco in collaboration with D, etc., and did not commit such act.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Application of each protocol of suspect interrogation of the prosecution as to D, E, and F (a protocol of suspect interrogation of the prosecution as to D is not more than 200 pages among the copies of each protocol of suspect interrogation No. 28 No. 1 of the evidence list No. 28), photograph of the criminal suspect, and the statute

1. Relevant legal provisions concerning criminal facts and attempted installation of oil-saving facilities that choose to impose punishment: Article 13 (6) and (1) 2 of the Oil Pipeline Safety Control Act and Article 30 of the Criminal Act: Articles 342 and 331 (2) and (1) of the Criminal Act;

1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;

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