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(영문) 서울중앙지방법원 2012.12.12 2012고단3995 (1)
특수절도
Text

1. The defendant A and B shall be punished by imprisonment for six months;

However, this judgment has become final and conclusive against the above Defendants.

Reasons

Punishment of the crime

1. On July 1, 201, Defendant A and B came to know that, around 18:00, the Defendants, at the early 18:00 from the beginning of July 201, Defendant A and B, were willing to cut the scrap metal owned by the victim (ju)Gs from the construction site at the cafeteria at the construction site of Dobong-gu Seoul, Seoul.

From July 201 to March 2012, 201, the Defendants collected the scrap metal from the mold dismantling work at one construction site from the construction site to 0.8 to 0.1 ton, and Defendant A contacted C, a manager of H management, with approximately 20 tons of the market price of approximately 10 million to 24 ton truck.

As a result, the defendants stolen the property owned by the victim jointly.

2. At around 15:00 on May 28, 2012, Defendant B contacted with J, an I business director, about 0.1 ton of scrap metal worth KRW 45,000, the market price of the victim (state)G ownership at the construction site of the above F F. On May 28, 2012, Defendant B left the 1 ton truck.

Accordingly, the Defendant stolen the property owned by the victim.

Summary of Evidence

1. Defendants’ legal statement

1. Application of Acts and subordinate statutes to K of the police statement statement;

1. Article 331(2) and (1) of the Criminal Act (Additional Article 329 of the Criminal Act) applicable to the Defendants of the relevant criminal facts (Appointment of imprisonment with prison labor for the defendant B larceny)

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The portion not guilty of Defendant C of suspended execution and community service order under Articles 62(1) and 62-2 of the Criminal Act (the same type of crime does not exist, and the victim does not want the punishment of the Defendants by mutual consent)

1. The Defendant’s summary of the facts charged is a person engaged in the business of purchasing scrap iron while working as the chief of the management department at H in Dobong-gu Seoul Metropolitan Government L, and is described in paragraph (1) of the facts constituting a crime from around July 201 to around March 2012 at the place of the aforementioned F Construction Work, who is the chief of the working group, at the same time.

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