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(영문) 울산지방법원 2017.05.16 2017고단1013
특수절도
Text

Defendant

A Imprisonment for eight months, and Defendant B shall be punished by a fine of one million won.

Defendant

B does not pay the above fine.

Reasons

Criminal facts

1. On March 22, 2017, the Defendant: (a) cut off the entrance door door of six stories at the place of the construction of the Gatel in Ulsan-gu D Officetel; and (b) intruded with the victim’s cable 35 lines, which the victim was under custody for electrical construction; (c) continuously cut down to the first floor above the same building at the same location with three lines owned by the same victim; and (d) cut off the two lines at one top of the same building at the same location; and (e) cut off the two lines at one top of the two lines owned by the victim’s own F A-do tamp, which amount to the total amount of KRW 300,000,000 at the market price managed by the victim.

2. Defendant B is a person who operates a secondhand shop with the trade name “H” from Ulsan G.

On March 23, 2017, at around 14:00, the Defendant purchased 27 joints from among the electric wires for construction works that A stolen, as described in the foregoing paragraph 1, on the top of the above H’s top operated by the Defendant.

In such a case, the Defendant, who is engaged in the business of purchasing heavy electric wires, shall identify and describe the personal information of A, while neglecting the duty of care to verify whether the goods were stolen by taking into account the process of acquisition, motive for sale, purchase price, etc., and acquired stolen goods by purchasing KRW 270,000 in cash by negligence when neglecting the judgment on the stolen goods.

Summary of Evidence

1. Defendants’ legal statement

1. Statement made by the police for E;

1. Records of each photograph and seizure;

1. Application of Acts and subordinate statutes of each investigation report;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Articles 331(1) and 330 of the Criminal Act

B. Defendant B: Articles 364 and 362(1) of the Criminal Act (Optional to a punishment)

1. Defendant A who is to be mitigated: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Defendant B who is detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Confiscation Defendant B: Article 48(1)1 of the Criminal Act (Evidence No. 1);

1. Defendant B’s order of provisional payment: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of recommendations given on the sentencing criteria;

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