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(영문) 창원지방법원 2015.07.21 2015고단900
재물손괴등
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A was a person who was in office as the factory head of the injured party D Co., Ltd. located in Kimhae-si from September 1, 2009 to December 30, 2013, and Defendant B supplied the raw materials for the closure of the PPC to be manufactured by the injured party company and then is the representative of the F Co., Ltd. located in Kimhae-si, the delivery company of the product.

1. The Defendants’ co-offenders conspired to commit theft by shipping out the PC-cap products stored in the aforementioned D factory to the ex-factory manager.

At around 06:40 on May 15, 2013, the Defendants combined and cut the sum of KRW 400,000,000 in the market price of 500 PPC cuts, and Defendant B received it and received it to the truck and cut it on a total of 10 times from around 0 to September 12, 2013, as shown in the annexed crime list, the Defendants cut off the sum of KRW 5,270,000 in total, including the cost cut cut of the PPC owned by the victim, as shown in the annexed crime list.

2. On December 19, 2013, Defendant A’s sole criminal defendant: around 16:55, 2013, destroyed the ctv 1 unit installed in the aforementioned D Factory, thereby damaging the ctv 1 unit owned by the victim to the extent that the amount equivalent to KRW 30,000 of the repair cost is equivalent to the ctv.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol against the Defendants

1. The police statement concerning G;

1. Reports on internal investigation, etc., estimates, and damage;

1. Investigation report (report on suspect A’s hearing of statements related to correction of the date of crime);

1. Application of the Acts and subordinate statutes of ctv materials at the scene of crime;

1. Article 331(2) and (1) of the Criminal Act (the point of multiple larceny) and Article 366 of the Criminal Act (the point of causing property damage and the choice of imprisonment): Article 331(2) and (1) of the Criminal Act;

1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act;

1. Defendants: Suspension of execution.

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