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(영문) 울산지방법원 2017.09.07 2016고단3417
특수절도
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On May 17, 2016, at around 05:30, the Defendant cut the locks of the above factory building in the “E” plant operated by the victim in Kimhae-si, Kim Jong-si, with no victim, and then intruded into the factory into the factory, and brought about 5 tons of the parts of the tank equipment (such as opcoer 2, 2, 3, 2, speed reduction 2, and pipe la, etc.) in excess of the market price of the Defendant and the victim joint ownership in the above factory.

Accordingly, the defendant stolen the property owned by the victim together with B.

Summary of Evidence

1. A protocol of examination of the suspect of each police officer against the defendant or B (including a part of examination of the suspect);

1. Statement made by the police with regard to D or F;

1. Photographss, invoices of tax on freight and expenses incurred in relation to cargo vehicles, delivery of lighting fixtures, and damaged photograph of a CCTV course;

1. Application of Acts and subordinate statutes on investigation reporting;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment on general property, the scope of which is recommended according to the sentencing criteria, and the area of special mitigation (in cases where there exist grounds for taking into account four months to one year and six months, and in cases where there exist grounds for taking into account the participation in the crime, no penalty shall be imposed);

2. Circumstances unfavorable to the reasons for sentencing: The punishment shall be determined as ordered by taking into consideration all the circumstances that form the conditions for sentencing, such as the defendant's age, sex, environment, and circumstances after the crime, including the fact that the matters, such as the method of punishment, are not easy, and that the defendant has the records of criminal punishment several times in the course of liquidation of the business: there are grounds to consider the motive for the crime in this case due to differences in the opinions on the settlement of accounts in the course of the liquidation of the business; and the victim is seeking not to punish

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