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(영문) 대구지방법원 포항지원 2014.04.16 2013고단1152
특수절도
Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence subparagraph 1 shall be forfeited from the accused.

Reasons

Punishment of the crime

The Defendant, with C, D, and E, attempted to steal scrap metal, and the Defendant and D were on board the G salary-franchising cargo vehicle owned by F, and C and E were on September 25, 2013 to the victim Co., Ltd., Ltd., Ltd., located in North Korea-gu, Pohang-gu, Pohang-si, Posing from September 25, 2013. On September 22:2:20, 2013, the victim Co., Ltd., Ltd., located in Posing-si, Posing-si, the market price of the victim, located in the open port, was KRW 870,00,000, and KRW 2.6 tons of the scrap metal divided into two parts.

Accordingly, the defendant stolen the property owned by the victim company together with C, E, and D.

around 21:00 on August 29, 2013, Defendant 3 and C moved to the container owned by the Victim L Co., Ltd. located in Yongcheon-si, Yongcheon-si, 2013. At around 21:0, Defendant 2013, opened up a container-to-explosion installed on the container windows, opened up a crime prevention window installed on the container windows, and later, 300m of electric wires equivalent to KRW 2.3 million at the market price owned by the victim company, and loaded it to the H Poter cargo owned by C.

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

Summary of Evidence

"2013 Highest 1152"

1. Entry of the accused in the first trial records, and C in the third trial records;

1. Each police statement concerning M and F;

1. N’s statement;

1. Investigation report (verification of CCTV around the site and attaching photographs of suspected vehicles), investigation report (investigation of four mobile routes by four suspects), investigation report (report on the verification of the market price and quantity of stolen goods) (report on the verification of the market price and quantity of stolen goods);

1. Entry of the accused and C in the third protocol of trial;

1. Statement of the police statement concerning theO;

1. A criminal investigation report (Attachment to On-the-spot photographs), investigation report (CCTV analysis), and investigation report (Additional Confirmation ofCCTV);

1. Application of the existing Acts and subordinate statutes under subparagraph 1 of this Article;

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. Confiscation.

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