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(영문) 대전지방법원 천안지원 2019.05.30 2017고단2077 (2)
특수절도등
Text

A defendant shall be punished by imprisonment for six months.

except that 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

B is the representative of the above company engaged in the work related to electrical construction in the trade name of "C", and the defendant, B, and D as the employees of the above company, and as the defendant, B, and D were unable to operate the company, they stolen cable cables owned by the victim F, which were kept at the construction site located in Asan-si E in Asan-si, and conspired to divide profits by selling them.

Accordingly, at around 21:05 on December 22, 2016, Defendant, B, and D, together, carried a cable cable totaling KRW 2,6560,00,00 in total seven times from around that time to December 26, 2016, with an electric cable cable totaling of KRW 2,6560,00,00 from around 3.6 billion to around 26, 2016, with the market value of the victim’s ownership in the underground parking lot in the above construction site, and they stolen it.

Summary of Evidence

1. Statement made D in the first trial record;

1. Statement B in the sixth trial records;

1. B, each police interrogation protocol of the defendant;

1. Each police statement concerning G and F;

1. A H statement;

1. A copy of a certificate of storage of goods or G note;

1. On-site, CCTV, and anti-water photographs;

1. The application of the investigation report (Attachment of CCTV photographs), the investigation report (part of the details of damage), and the investigation report (the scene of the crime and the CCTV analysis and investigation into high water) Acts and subordinate statutes;

1. Article 331 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant was erroneous in investigating the police, agreed with the victim, and there was no record of punishment for the same kind of crime, and the defendant's age, character and conduct, environment, relationship with the victim, motive, means and result of the crime, circumstances after the crime, and other various conditions of sentencing specified in the arguments in this case shall be determined as ordered.

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