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(영문) 의정부지방법원 고양지원 2012.08.31 2012고단577
특수절도
Text

Defendants shall be punished by imprisonment for six months.

However, with respect to Defendant A and C, each one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

B on January 20, 201, the High Government District Court was sentenced to two years of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving). The above judgment became final and conclusive on the 28th of the same month.

Defendants are employees working in the factory of Victim G Co., Ltd. located in the F in the case of strike operated by E.

As a result of the relocation of the above factory, the Defendants conspired to steals the scrap metal owned by the victim in the above factory by using the gaps in which the management of the victim was neglected.

1. On November 12, 201, the Defendants jointly loaded H 3 tons of trucks and I ton trucks at the above “G” factory on November 15, 201, the Defendants: (a) loaded approximately KRW 2,670 km of the total number of the factories at the above factory; (b) the three tons of trucks had J, an employee of the above factory, drive the truck; and (c) the one ton truck was stolen by Defendant A, driving by Defendant A, selling the above species of truck to K business owner L at Pakistan for about KRW 480,600 in cash.

2. On November 16, 201, at around 16:00, the Defendants jointly loaded the scrap metal owned by the victim by carrying a total of approximately KRW 370 km of the said factory with a truck of one ton, and Defendant A, driving a truck of one ton and selling the said scrap metal for about KRW 15,400 to the said owner of the business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of each police statement on E and L;

1. Institute for measurement and certification;

1. Photographs;

1. Application of Acts and subordinate statutes to previous offense records;

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

1. Of concurrent crimes (defendants), the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act;

1. Discretionary mitigation (defendants) Articles 53 and 55 (1) 3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (Defendant A and C) of the suspended execution;

1. The application for compensation of this case under Article 32(1)1 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc., was received after the closing of argument in this case.

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