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(영문) 수원지방법원 2013.08.08 2013고단2615
특수절도
Text

Defendants shall be punished by imprisonment for four months.

However, with respect to Defendant B, the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendants: (a) stolen construction materials such as dys, which are loaded without any specific surveillance on the construction site; (b) sold them; and (c) conspired to have divided the proceeds therefrom.

1. At around 11:45 on February 12, 2013, the Defendants jointly carried 11:45, the Plaintiff: (a) at the construction site for the new commercial buildings located in the Suwon-si Area E, the victim F, who was in custody of the said site, stolen the Defendant’s G Poter pipe, carrying ten 10,000 KRW 242,00 and 11,000 of the market value of the victim’s ownership, and stolen the property owned by the victim.

2. Between February 26, 2013 and 18:00 to 19:00 on February 26, 2013, the Defendants, together, stolen approximately KRW 60,00 of the market price of the victim’s ownership, which is not known at the first place construction site located in Suwon-si H, Suwon-si, in the manner described in the foregoing paragraph (1).

3. Between 17:00 to 18:00 on March 13, 2013, the Defendants, together, stolen approximately KRW 15,00 of the market value of the victim’s possession, which cannot be known at the construction site adjacent to the building site adjacent to K Co., Ltd., Jinsung-si, and was loaded in the manner described in the foregoing paragraph (1).

4. Between 18:00 to 19:00 on March 19, 2013, the Defendants jointly committed a theft by carrying about approximately 20 gross 20,000, at the victim’s market price owned by the victim, which cannot be known at the construction site, at the 2nd new city, Young-Musan-Musan-Musan-si, the second new city located in the 2nd new city, as described in the foregoing paragraph (1).

5. Between March 20, 2013 and 18:00 to 19:00 on March 20, 2013, the Defendants jointly loaded about 20 U.S. market prices owned by the victim, who cannot be known in the street in Osan-si L, and stolen approximately 20 non-development plates in the same manner as the above 1.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol of M;

1. The police statement concerning F;

1. Application of each statute on photographs;

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, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Discretionary mitigation Criminal Act;

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