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(영문) 청주지방법원 제천지원 2014.01.23 2013고단945
특수절도
Text

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

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

On March 3, 2013, at D around 00:30 on March 3, 2013, the Defendant: (a) set up and set up an Erocketing car that the Defendant used in advance to set up on the way; (b) C used a cutting machine, which was set up at the place, to cut off the total amount of KRW 1,671,00, and then cut off the electric wires equivalent to KRW 552m of the market value of the Korean Electricity owned by the victim; and (c) stolen the property by loading it on the said vehicle.

From March 3, 2013 to April 4, 2013, the Defendant, together with C, stolen a total of seven times electric wires equivalent to KRW 8,137,040, total market price owned by the victims by the same method as indicated in the annexed crime list.

Accordingly, the defendant stolen the property owned by the victims together with C.

Summary of Evidence

1. Statement by the defendant in court;

1. The statement of each police officer made to F and G;

1. Each statement of H, I, J, K, and L Preparation;

1. Application of Acts and subordinate statutes, such as a vehicle lease contract, the details of the GPS records, investigation reports (an investigation into the counter party of the M high water), reporting on the theft of electric wires, and the budget for power distribution works

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act is that the defendant, while leaving a vehicle, committed a crime in a short period, repeated and planned manner, is disadvantageous to the defendant.

However, the fact that the defendant deposited the total amount of damage, the fact that the defendant was punished for larceny in 199, but has no other record of the same kind except, confession, and reflects it, etc. shall be considered as favorable to the defendant, and the court shall decide to suspend the execution on condition of probation by integrating all kinds of sentencing conditions and sentencing guidelines as shown in the trial process.

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