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(영문) 대전지방법원 천안지원 2014.06.19 2013고단911
특수절도등
Text

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

Reasons

Punishment of the crime

1. The Defendant and C, and D’s joint criminal conduct are “the number of trees” at the construction site, and C (Suspension of Prosecution on the same day) and D (Suspension of Prosecution on the same day) are “the wooden co-defendants” which work together with the Defendant.

At around 18:30 on February 15, 2012, the Defendant, along with C and D, brought about “F new construction works” in Asan City, and brought about scrap metal, etc. being kept in custody at the place, with the mind to sell, and the Defendant waiting at the site of G cargo vehicles carrying the scrap metal, and C and D, upon the Defendant’s instruction, moved 120 km, including a decline pipe in an amount equivalent to the total market price of 200,000 won managed by the victim H, to the said cargo vehicle. The Defendant driven the said cargo vehicle and loaded the said scrap metal to the said cargo vehicle along with C and D.

Accordingly, the defendant stolen the victim's property together with C and D.

2. The defendant's sole criminal conduct;

A. On February 1, 2012, the Defendant: (a) at the construction site specified in paragraph (1) around the end of the year; (b) stolen construction materials, including a total of KRW 7,000,000, KRW 150, and KRW 100,000, at the market price managed by the victim H, who was in custody at that place; and (c) stolen them from the cargo vehicles specified in paragraph (1).

B. The Defendant: (a) around March 2012, 201.

At the places described in paragraph (1), building materials, such as h beam beam, pipe poppy, etc. equivalent to KRW 900,000, managed by the victim H, were stolen in the above manner.

C. The Defendant was on April 2012, 196, 196.

The victim H stolen approximately three tons of approximately KRW 1,200,000 of the market price managed by the victim H in the place described in the port by the above method.

Summary of Evidence

1. Partial statement of the defendant;

1. The statement of a witness H in the fourth protocol of the trial, the witness I's partial statement in the fourth protocol of the trial, and the witness C's partial statement in the court;

1. A protocol concerning the examination of each police suspect against the defendant, D, C, or I;

1. The police statement of H;

1. Report on the occurrence of the case, report on the investigation (the relative investigation, etc. of the suspect), the scene of the damage and photographs of the damaged goods, vehicles using the crime and photographs of the J, copies of the withdrawal and payment of the J money, and the unclaimed volume submitted by the victim H.

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