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(영문) 부산지방법원 2013.10.10 2013고단489 (1)
특수절도
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

The defendant C and the defendant were punished by the ship of Chinese nationality, and the defendant D were the ship of Chinese nationality with the ship of Chinese nationality, and the above defendant D was the ship of Chinese nationality with the above C, etc., and the defendant E was the ship of the above A's workplace.

On January 5, 2013, the above defendant C knew that night surveillance was neglected at the construction site of domestic waste production facilities located in Gangseo-gu Busan, Busan, which had previously performed the work, and then stolen electric wires installed therein and proposed them to the defendant and the above defendant D. The defendant conspired to commit the crime by requesting the vehicle supply and driving to be used for the crime to the work partner E. The defendant purchased cutting machines to be used for the crime in Ansan Japan, and the above defendant C first confirmed the above construction site to Busan as well as the above defendant D on January 5, 2013. The defendant confirmed on January 20, 2013 to Busan as well as on January 5, 2013.

On January 5, 2013, when jointly with the above defendants, the defendant was constructed from around 21:30 to January 6, 2013 to around 0:25, 2013, and the above defendant Eul stopped the snow of the security guards in the field of the damage, and stopped the network. The above defendant C used the cut machines purchased in advance and used the cut machines, thereby cutting the amounting to KRW 25 million at the market price of the dive wire (type 2, including Q Q, and approximately 600 meters in length) where the victim H, a sub-contractor, is installed. The defendant and the above defendants transported the above cargo lane with the above cargo lane, and the defendant and the above defendants stolen it by carrying the transferred electric wires together with the cargo vehicle.

Summary of Evidence

1. Each police statement made to I;

1. Application of Acts and subordinate statutes to each investigation report (Evidence List 16, 17, 18, 20);

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of the fact that goods damaged have been recovered and returned to the victim, and that there is no previous task);

1. Suspension of execution is not less than Article 62(1) of the Criminal Act (recognition of reasons for discretionary mitigation).

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