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(영문) 부산지방법원 2013.03.21 2013고단489
특수절도
Text

Defendant

A Imprisonment with prison labor for one year, for eight months, and for eight months, for Defendant C, respectively.

except that this shall not apply.

Reasons

Punishment of the crime

Defendant

A and Defendant E are siblingsed as a ship of Chinese nationality, Defendant B is a ship of Chinese nationality, and Defendant B is a ship of Chinese nationality with the ship of Chinese nationality, the above Party A, etc., and Defendant C is a ship of foreign nationality. Defendant C is a ship of the above E’s workplace.

Defendant

A knew that the night surveillance at the construction site of domestic waste production facilities located in Gangseo-gu Busan Metropolitan City, which had previously worked, was neglected, and then stolen electric wires installed therein and proposed them to the above defendant E and the defendant B. The above defendant Eul conspired to commit the crime by requesting the defendant C, who is a workplace partner, to provide the vehicle and drive to be used for the crime. On January 5, 2013, the defendant Eul purchased a cutting machine to be used for the crime at Ansan Japan, and confirmed the above construction site to Busan and the above construction site first with the defendant Eul around 13:00 on January 5, 2013, and the above defendant Eul got off the Gpoter cargo vehicle with the defendant C at Busan around 20:00 on January 5, 2013.

On January 5, 2013, from around 21:30 to around 00:25, 2013, the Defendants jointly and jointly stopped the snow of the security guards at the construction site, and the Defendant C stopped the snow of the security guards at the night adjacent to the scene of damage, and then lost the network. The Defendant A used the purchased cutting machine in advance to use the dive cable (type 2, such as 185S Q, and approximately 600 meters in length) in which the victim H is installed. The Defendants used the dive cable (type 2, such as 185S Q, and approximately 60 meters in length) with multiple sculptures, and the Defendant E and the Defendant B used the dive cable to transport the dive wire to the above cargo vehicle, and the Defendants stolen it by carrying the dive cable onto the cargo vehicle.

Summary of Evidence

1. Defendants’ legal statement

1. Each police statement made to I;

1. Application of Acts and subordinate statutes to each investigation report (Evidence List 16, 17, 18, 20);

1. Defendants of relevant legal provisions concerning criminal facts: Article 331(2) and (1) of the Criminal Act

1. Discretionary mitigation of Defendant B and C: Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of the grounds for suspended execution below);

1. Defendants in a suspended sentence: The damages under Article 62(1) of the Criminal Act are recovered.

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