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(영문) 창원지방법원 2013.05.24 2013고단728
특수절도
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On September 26, 2012, the Defendant: (a) around 11:00 on September 26, 2012, at the construction site of the naval camp facilities in the territory of the victim C; (b) around the construction site of the naval camp facilities in the military management of the victim C; (c) around the construction site of the military camp facilities in the area in which the victim was engaged in construction; (d) together with D, 15 military launchers managed by the victim; and (e) continuously carried 30 non-line pipes managed by the victim into the new construction site of the naval camp facilities in the same Don Man-dong.

As a result, the defendant stolen 15 copies of meritorious deeds and 30 non-speak pipes which amount to 500,000 won market price together with D.

Summary of Evidence

1. Defendant's legal statement;

1. Prosecutions and police suspect interrogation records of the accused;

1. Each police suspect interrogation protocol against D or F;

1. Each police officer's statement about D and G;

1. Photographs photographs of damaged articles;

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

1. Article 331(2) and (1) of the Criminal Act applicable to the relevant criminal facts;

2. Mitigation of discretionary mitigations under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing):

3. Article 62(1) of the Criminal Act (reassessment of the grounds for sentencing following the suspended sentence) provides for the following: (a) the amount of damage was not so significant; (b) the thief was fully returned to the victim; (c) the Defendant led to the confession and reflect of the instant crime; (d) the primary offender was the Defendant’s age, character and conduct, environment, motive and background of the crime; (c) the means and consequence of the crime; and (d) the punishment as set forth in the Disposition

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