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Reasons
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(영문) 창원지방법원 진주지원 2013.09.10 2013고단863
특수절도
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A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The defendant and B are engaged in the water collection business and de facto marriage.

1. On June 14, 2013, the Defendant committed the crime with B, together with the Defendant, stolen at the construction site of the Jind Industries located in the Southern-gun C around 18:00 on June 14, 2013, a number of 23 ethyl luging units, the market price of which is equivalent to KRW 4.60,000,000, managed by the victim D, by means of loading them into the E-Poter cargo owned by the Defendant.

2. On June 18, 2013, the Defendant, in collaboration with B, went into a G cafeteria located in the Southern NavyF around 13:00 on June 18, 2013, and stolen one of the air conditioners holding the victim H’s market value equivalent to KRW 500,000,000, which was kept in the main room, by carrying the same into the said cafeteria.

3. On June 18, 2013, the Defendant committed the second crime with B, in collaboration with B, and at around 14:00 on June 18, 2013, at the same place as in the foregoing paragraph 2, the victim H was stolen by loading a 15,000 won of the market price, which is the victim H, into the cargo vehicle.

4. On June 19, 2013, the Defendant, together with B, removed 30 Aluminium 26,00 won at the market price owned by the victim H, which was used as a window at the same place as the above paragraph 2, around June 19, 2013, and stolen it by means of loading it into the cargo vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The suspect interrogation protocol of the police as to B;

1. Each police statement made to H, D, and I;

1. Each protocol of seizure;

1. Application of statutes on field 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, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of the fact that damage has been recovered through a temporary return, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Article 62-2 of the Criminal Act of the Probation Order and Article 32 (3), 2 and 10 of the Act on Probation, etc.;

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