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(영문) 울산지방법원 2015.05.13 2015고단806
특수절도
Text

Defendants shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

Defendant

A is a person who was sentenced to two years of imprisonment for special larceny in the Jeju District Court on April 26, 2013 and completed the execution of the sentence in the Jeju Prison on December 8, 2014.

Defendant

B On April 26, 2013, the Jeju District Court sentenced two years to imprisonment with prison labor for special larceny, etc. and completed the execution of the sentence in the Jeju Prison on December 8, 2014.

1. The Defendants conspired to take part of the profits after they stolen and disposed of a telegraphic wire, and then divide them into interest.

Accordingly, on February 26, 2015, from 01:00 to 04:00 on the roads from the upper school distance in Ulsan-gu Hodong-dong to the original school distance in the same Chang-dong-gu, Ulsan-gu. Defendant A cut up up to 22 utility poles managed by the Korea Electric Power Corporation and cut up the total market price of electric wires (or 780m in length) owned by the victim and cut up to 2,665,728 won. Defendant B saw the network under the bottom and left a well-known electric cable.

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

2. At around 22:00 on February 26, 2015, the Defendant driven a bit van without obtaining a driver’s license from around 23:00 on the same day from the front of the Defendant’s house located in the Busan East-gu, Busan-dong to the road adjacent to the 60km road.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement concerning F;

1. On-site reports on results of field identification, fingerprinting of attempted larceny cases, and current status of persons who coincide with the results of DNA comparison;

1. Written estimate, damaged articles, field photographs, and photographs of damaged articles;

1. Investigation report (verification of non-holding of the B driver's license of a suspect);

1. Previous records: Application of Acts and subordinate statutes to inquiries, such as criminal records, reports on the results of dispositions and pre-verification of dispositions, reports on the number and confinement status of each individual, investigation reports (the same kind of suspect, repeated crimes, and reports on the confirmation of judgment);

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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