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(영문) 의정부지방법원 2013.10.25 2013고단2685
특수절도
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The Defendant, together with C, stolen oil contained in the fuel tank of a large truck parkedd in a rare location, and installed a plastic box and electric pumps of approximately 600 liter size on the DKaman vehicle.

On September 20, 2010 to September 25, 2010, the Defendant discovered G dump truck owned by the victim F, who was parked on the street in front of the Namyang city, from around 16:00 to around 07:00 on September 25, 2010, and C opened a gas fuel outlet and reported the network, and the Defendant, using the electric pumps, moved approximately KRW 350-liter of the market price of the victim, which is approximately KRW 470,00,000, via the electric pumps, to the plastic box installed on the said car.

Accordingly, the Defendant, together with C, stolen light oil owned by the victim F from that time to November 6, 2010, and stolen approximately approximately KRW 6,150,000 of the market price owned by the victims over 17 times in total, as described in the separate crime list, from that time, by the following methods.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution (including the substitution of the accused);

1. A copy of each protocol concerning the examination of suspect C by the prosecution;

1. A copy of each statement of F, H, I, J, K, L, M, N,O, P, and Q;

1. Application of the Acts and subordinate statutes to each victim's statement in R, S, T, U,V, and W;

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

1. From among concurrent offenders, one year and six months shall be punished by imprisonment, taking into account the following facts: (a) within the scope of recommendations for the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (within six months to one year and six months in the basic area of larceny against general property of the thief military); (b) a person again commits a crime under the same veterinary act during the period of suspension of execution; and (c) a person who is an accomplice is punished by imprisonment with prison labor for one year and six months;

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