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(영문) 수원지방법원 평택지원 2014.04.02 2013고단1629
특수절도
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. Around 15:00 on September 1, 2013, the Defendant brought the Victim LH Housing Corporation’s market price in the store for Pyeongtaek-si C, which is equivalent to the total of 983,200 won owned by the Victim LH Housing Corporation and carried the string and carrying the string and freight onto the cargo.

2. On September 5, 2013, around 15:00, the Defendant sealed the Victim LH Housing Corporation’s market value of KRW 188,500, and carried the string, wire, steel, steel, etc. into the cargo vehicle.

3. On September 27, 2013, the Defendant brought 2,000 won of the market price owned by the victim F in Pyeongtaek-si, in a stock farm warehouse operated by the victim F, the Defendant carried 2,00,000 won of the market price of the victim and loaded the cargo onto the cargo vehicle.

4. On October 1, 2013, around 15:00, the Defendant: (a) sealed the Victim LH Housing Corporation’s market price of KRW 471,00,000, and loaded the strings, cables, scrap iron, etc. in the LH Housing Corporation; and (b) carried them into the cargo vehicle.

Accordingly, the Defendant, together with B, stolen the total amount of 3,642,70 won of the market price owned by the victims.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each statement of G and H;

1. Records of seizure and list of seizure of the police;

1. Application of statutes on site photographs and reports on results of field identification;

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act [Scope of Recommendation] : thief crime group; thief (type 2); basic area; thief to 1 year and 6 months (type 2); 8 months; thief to 1 year; 2 years under the suspended sentence: (a) the Defendant’s mistake in depth and did not repeat again; (b) the victim F; (c) there was no record of punishment higher than a fine due to the same mistake; (d) the degree of damage amount; and (e) other records, such as the Defendant’s age, character and conduct;

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