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(영문) 의정부지방법원 2019.03.21 2018고단4045
특수절도미수등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

around 15:40 on April 12, 2018, the Defendant found recyclables, such as steel products and pipes, from the market price, which the victim E left in order to recycle in front of the “D” office located in Pocheon-si, Macheon-si, Macheon-si, and B collected steel products, pipes, etc., and the Defendant attempted to steal the victim’s property by carrying them into the Fpoter cargo owned by B, but did not commit an attempted crime.

around 14:50 on April 3, 2018, the Defendant: (a) around 14:50 on April 3, 2018, the Defendant, along with B, had the victim’s H, in front of the I, which was operated by the victim’s H, in the Namyang-si, in order to take the victim’s construction materials and to steal the property; and (b) the Defendant first confirmed the status of the goods that were unloaded from the cargo vehicle, and then loaded one steel beam beam of the amount of KRW 300,00 in the market value that is the victim’s possession from the cargo vehicle into the cargo vehicle.

Accordingly, the defendant stolen the victim's property together with B.

Summary of Evidence

"2018 Highest 4045"

1. Partial statement of the defendant;

1. A suspect interrogation protocol concerning B by the prosecution;

1. E statements;

1. Photographs of damaged articles 2018 Mano 5304;

1. Partial statement of the defendant;

1. Each prosecutor's interrogation protocol concerning B;

1. A H statement;

1. Application of CCTV image photographs and the Acts and subordinate statutes governing damaged objects photographics;

1. Articles 342, 331 (2) and (1) ( point of attempted special larceny) of the Criminal Act concerning facts constituting an offense, and Article 331 (2) and (1) of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act ( considered as follows):

1. Determination of the defendant and defense counsel's assertion under Article 62-2 of the Criminal Act of the community service order

1. The Defendant, along with B at the time of the instant case, was aboard the cargo vehicle at the site with B, but was aboard the cargo vehicle, and did not enter B with B and did not commit theft.

2. The judgment of this Court has been duly adopted and examined by this Court.

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