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(영문) 수원지방법원 2014.01.24 2013고단6223
특수절도
Text

A defendant shall be punished by imprisonment for six 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

Punishment of the crime

From the early April 2012 to the early June 2013, the Defendant served as a captain of a new construction site, for the victim B corporation’s relocation of a road (Do road 311) performed by the victim B corporation and as a captain of a new construction site.

On September 2012, the Defendant conspiredd to sell the steel bars to H, etc., along with G, who are drivers of work-general D, working-level E, car-type vehicles, the head of the working group, and G, who are drivers of driving vehicles in the above construction site, and one-day workers.

Accordingly, around September 7, 2012, the Defendant: (a) had the said F et al. carry approximately KRW 5,760 km in the market price of KRW 2,592,00,00, which was he stored at the above construction site; and (b) had the said F et al. carry approximately KRW 5,760 g of iron bars, which he operated by the said F; and (c) sold the said iron bars to the “H” operated by the K located at the G in the eth of ethic City using the I Poter; and (d) took a theft by combining the said iron bars owned by the

In addition, from around that time to April 20, 2013, the Defendant stolen approximately KRW 15,500 g in total by means of the foregoing eight times in total, as shown in the annexed Crime List, together with F, etc., about the aggregate of the iron bars equivalent to KRW 6,467,60.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of each police officer with respect to F, D, G, E, K, or L;

1. Each police statement concerning M;

1. Application of the current status of reinforcing bars, construction site photographs, receipts, copies, business books, and multilateral Acts and subordinate statutes;

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

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. It is so decided as per Disposition under Article 62(1) of the Criminal Act on the grounds that the suspended sentence is more than Article 62(1) of the Criminal Act (it is recognized that the defendant led the crime, but it is difficult to see that the defendant was guilty of having no criminal records of the same kind of crime, the victim is not punished, and the defendant is against himself

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