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(영문) 창원지방법원 밀양지원 2016.04.14 2015고단319
특수절도
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Crimes jointly committed with B or C;

A. On April 30, 201, the Defendant collected products to be stolen from among the SMC water tank materials produced at the above plant, and the Defendant prepared the freight vehicles to transport the damaged goods, and C carried the damaged goods from the trucking vehicle to the point out of the above plant.

As a result, the Defendant, together with B and C, stolen 8marts from SMC water tank materials in an amount of 8 million won at the market price.

B. On May 1, 2011, the Defendant, together with B and C, stolen the Defendant’s water tank materials of 9 million won at the market price, which is the victim’s ownership, in the same manner as the described in the foregoing paragraph (a), at the places described in the foregoing paragraph (a).

(c)

On May 31, 201, the Defendant, together with B and C, stolen at the location described in the above paragraph (a) in the same manner as described in the above paragraph (a), with 8mc water tank materials of at least eight million won at the market price, which is the victim’s ownership, in combination with B and C.

2. Joint crimes with B;

A. On May 30, 201, the Defendant, along with B around May 30, 201, prepared for the cargo vehicles to transport damaged goods, and the Defendant used the goods produced in the damaged factory, which were collected in advance, and carried the damaged goods out of the above factory by placing them out of the cargo vehicle.

As a result, the Defendant, together with B, stolen the materials of the SMC water tank in the amount of 6 million won or more at the market price, which is owned by the victim.

B. On July 1, 2011, the Defendant, together with B, stolen the materials for the water tank of the SMC in an amount equivalent to three million won at the market price, which is the victim’s ownership, in the same manner as the location described in the foregoing paragraph (a) at the place described in the foregoing paragraph, together with B.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the police interrogation protocol against B or C;

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

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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