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(영문) 대전지방법원 홍성지원 2019.07.09 2019고단292
특수절도
Text

Defendants shall be punished by imprisonment for six months.

However, for two years from the date this judgment became final and conclusive, each of the above Defendants is against the Defendants.

Reasons

Punishment of the crime

Defendant

A is a person who works as the head of the steel team at the site of the new construction work of the Dacheon-gun, Chungcheongnam-gun, and Defendant B is a person who works as the head of the directly operated team at the same construction site

On September 2, 2018, the Defendants: (a) stolen the steel bars and scrap metal kept in custody in the Ddong at the construction site; (b) sold them on the water and conspired to have the proceeds distributed in installments; (c) on the same day, the Defendants: (a) sold the said iron bars to the victim F, who is the head of the site of the construction site, during the construction site at the construction site at the construction site at the construction site at the construction site at the construction site at the construction site at the construction site at the construction site at the construction site at the construction site at the construction site at the construction site at the construction site at the construction site at the construction site at the construction site at the cost of KRW 4,036,50 (the market price of the victim F, who is the head of the site at the construction site at the construction site at the construction site at the construction site at the construction site at the construction site at the construction site at the level of KRW 6,00,000,000 (the market price of KRW 13m,40,00,00.

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

Summary of Evidence

1. Defendants’ respective legal statements

1. The police suspect interrogation protocol of H;

1. Each police statement of E and G;

1. Application of the Acts and subordinate statutes to a written estimate, a certificate of measurement, a scrap metal management ledger, a steel bars entry book, and a photograph book;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act of the suspended sentence;

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. Scope of recommending punishment according to the sentencing guidelines [Determination of types] for the larceny of general property [Type 2] general larceny [Special Sentencing]: In the area of mitigation of punishment [the scope of recommending punishment and recommending punishment], in the area of mitigation of punishment [the scope of recommending punishment and recommending punishment], in April through October [the scope of recommending punishment revised according to the punishment by the punishment by the punishment by the punishment by the punishment by the punishment by the punishment by the punishment by the court], six months through October;

3. The sentence is rendered under the following circumstances: the Defendants’ age, character and conduct, environment, and the circumstances before and after the instant crime.

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