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(영문) 창원지방법원 2014.06.11 2014고단224
특수절도등
Text

1. Defendant Y shall be punished by imprisonment for eight months and by a fine of twenty thousand won, and by imprisonment for six months, respectively;

2. Defendant Y.

Reasons

Punishment of the crime

[2014 Highest 224]

1. Defendants and C’ co-principal conduct

A. The Defendants and C, on October 2, 2013, came to the entrance of the AC factory managed by the victim AB in Kimhae-si around 22:00 on October 22, 2013, and C, upon reporting the network, C, and the Defendant Z entered the said factory and cut off approximately four kilograms of waste electric wires in the amount of KRW 32,00,00, in advance, at the market price.

As a result, the defendants stolen the victim's property together.

B. The crime committed on October 3, 2013, around 20:0, around October 3, 2013, C instructed Defendant Y and Defendant Z to cut off electric wires, secondhand water, etc. at the factory specified in the above paragraph (1) at the center located in the city of Kimhae-si, Kim Jong-si. Defendant Y and Defendant Z were removed from the above victim during the process of cutting off on the ground that Defendant Y and Defendant Z had prepared electric wires in advance within the factory specified in the above paragraph (1) at around 21:20 on the same day.

As a result, Defendant Y and Defendant Z attempted to steal the victim’s property by combining them, but did not bring about an attempted crime.

2. Defendant Y driving from October 2, 2013 to October 21:30 of the same year from around 11:00, to around 21:30 of the same year, Defendant Y, without obtaining a motorcycle driver’s license from approximately 50 km in a section of approximately 50 km from Kimhae-si, Sinsan-si, Gin-dong, Samdong-dong.

[2014 Highest 362] Defendant Y, around 19:30 on November 16, 2013, prepared one steel plate, chaining, and pipeing, one pipe, and one pipe connected to Sweonian, connected to Sweonian, which was located in 642-4, at the Myeong-dong, Kim Jin-dong, Kim Jin-dong, located in the Dog-si 642-4 on the ground that the market price of the victim AW located in the Dog-dong was 160,000 won in total. The defendant Y prepared one iron plate, chaining, and pipeing, and loaded it in Bak that was connected to Sweonian.

As a result, Defendant Y stolen the victim's property together with A.

Summary of Evidence

1. Defendants’ legal statement

1. The evidence list (2014 order 224) Nos. 1 to 3, 7, 8, and 14 submitted by the prosecutor;

1. A list of evidence submitted by the prosecutor (2014 highest 362).

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