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(영문) 창원지방법원 2013.07.02 2013고단1367
특수절도등
Text

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

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

Reasons

Punishment of the crime

1. Around 02:00 on May 4, 2013, the Defendant: (a) intruded into the office of the victim D with the first floor in Kimhae-si, Kim Jong-si; (b) stolen and stolen waste cables, etc.; and (c) intruded into the said office by easily destroying and damaging the window for the purpose of crime prevention installed on the window of the above office for electrical use; and (d) stolen two piracy lines with approximately KRW 2,900,00 in total market value owned by the victim at that office; (b) two piracy lines; (c) approximately 50 meters in FCV cables; (d) approximately 70 SV wires; and (e) one total of strings for construction, which are owned by the Defendant.

2. Around 00:30 on May 21, 2013, the Defendant: (a) opened and intruded any window not set up in the H office operated by the victim G G in Kimhae-si, Kim Jong-si; (b) had a cable cable cable cable totaling approximately KRW 1,800,000 at the market price of the victim’s possession, approximately KRW 150 meters; (c) continuously opened a driver’s seat of the I truck owned by the victim who was parked in the office parking lot using the key on his customer’s seat; and (d) opened a driver’s seat of the I truck at around KRW 50,000 at the market price of approximately KRW 320,000 at the market price of approximately KRW 320,000 at the market price in that place; and (d) loaded the I truck onto the EA car, the Defendant, in advance, owned the vehicle by carrying approximately KRW 5,80,000 in the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to J, G, and D;

1. Application of Acts and subordinate statutes on seizure records;

1. Article 331 (1) of the Criminal Act (a point of special larceny) and Article 330 of the Criminal Act concerning 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. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances deemed to be the following reasons for sentencing):

1. The reason for the instant crime of sentencing under Article 62(1) of the Criminal Act (i.e., repeated circumstances favorable to the reasons for sentencing as follows) is that the Defendant intrudes on the office of the victims two times at night.

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