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(영문) 대전지방법원 천안지원 2018.05.10 2017고단2077
특수절도
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

B is the representative of the above company engaged in the work related to electrical construction in the trade name of "C", and D and the defendant as employees of the above company made it difficult for the defendant and B and D to operate the company, and they conspired to steal the cable F, which was kept in custody at the construction site located in Asan-si E, and to divide them into profits.

Accordingly, around December 22, 2016, the Defendant and B, and D cut off, together, with electric wires equivalent to KRW 2,6560,00 in total seven times from around that time to December 26, 2016, including the theft, while carrying and cutting off electric wires equivalent to KRW 3.60,00 of the market value of the victim’s possession, which was kept in the underground parking lot of the above construction site, by B at the underground parking lot.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police officer in relation to B or D;

1. Each police statement concerning G and F;

1. A H statement;

1. A certificate of storage of goods and a copy of G domain;

1. On-site, CCTV, and anti-water photographs;

1. Application of the Act and subordinate statutes to a report on investigation (Attachment of CCTV photographs for committing a crime), a report on investigation (part of the details of damage), and a report on investigation (site of crime and the analysis and investigation of CCTV on the water);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The grounds for sentencing under Article 62(1) of the suspended sentence under the Criminal Act are against the defendant's wrong recognition and agreement with the victim, the primary offender, and other various conditions for sentencing, including the defendant's age, sex, family relation, family relationship, home environment, motive and means of the crime, and circumstances after the crime, shall be determined in the same manner as the sentence is ordered.

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