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(영문) 대전지방법원 천안지원 2013.03.07 2012고단1030
특수절도
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant, together with C, shall:

1. At around 23:00 on January 26, 2012, the Defendant: (a) walked the fences of the building material D located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seocheon-gu in the front of the open cover of the building material; and (b) the Defendant and the above C entered the open cover of the building material, together with the above building material, into the open cover of the building material; (c) 20 building material (one sphere) in the open cover amounting to the total market value of KRW 400,000,000, where the victim cannot be identified; and

2. On the 27th day of the same month, at the same place around 23:00, the victim was placed in the open container of the said building in the same way, and 18 vehicles loaded 18 vehicles with 3.60,000 square meters in ririlass in total, where the victim cannot be identified.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning suspect interrogation of C;

1. Each police statement concerning E and F;

1. Application of Acts and subordinate statutes on scene of crime;

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

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. According to Article 62(1) of the Criminal Act, the Defendant, with the reason for sentencing under Article 62(1) of the suspended sentence, has led to the confession of all of the instant crimes with no criminal records, and considering the fact that the value of damaged goods is a small amount and the considerable amount of damage has been recovered, he/she shall be sentenced to the least sentence after discretionary mitigation and shall be suspended from the execution of the sentence.

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