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(영문) 대구지방법원 안동지원 2013.10.15 2013고단428
특수절도
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On June 2013, the Defendant: (a) discovered, on June 12, 2013, at the beginning of 12:00 permanent residence, the amount of approximately 100 km of the communication cable equivalent to KRW 100,00,00 in the market value of the injured party located adjacent to the line at the site of removal of the tunnel for blood transfusion in C; (b) cut off the ground by cutting off the waste cable by inserting the ground by inserting it; and (c) the Defendant loaded the cut waste cable onto the e-pacter LPG loaded onto the e-pacter cab.

Accordingly, the defendant stolen the property owned by the victim together with B.

2. On June 2013, the Defendant, along with B, loaded approximately 200 kg of telecommunication cables, at around 14.00, on June 2013, in the same place as that of the above 1.1., in the foregoing manner, he loaded approximately 200 kg of telecommunication cables, the market value of which is equivalent to KRW 200,000,000, on the loading of cargo vehicles.

Accordingly, the defendant stolen the property owned by the victim together with B.

3. On June 29, 2013, the Defendant, along with B, carried at the same place as that of the above 17:00 on June 19, 2013, at the same time as that of the above 1. In the foregoing manner, the Defendant loaded 100 kg of telecommunications cable 100,000 won at the market price of the said victim’s possession in loading EPG freight vehicles.

Accordingly, the defendant stolen the property owned by the victim together with B.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. The statement of each police officer made to F and G;

1. Application of each seizure protocol and list statutes;

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) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration, such as the fact that the person concerned is in conflict with each other, the degree of damage to the victim, the circumstances of the case, and the fact that there is no record

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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