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(영문) 의정부지방법원 고양지원 2015.07.10 2015고합92
특수절도등
Text

1. Defendants A and B shall be punished by imprisonment for two years, by imprisonment for one year and six months, respectively;

2. The increase of seized valves;

Reasons

Punishment of the crime

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement concerning G, H, I, J, K, and L;

1. Police investigation report (the discovery of a net oil site, the confirmation of a truck transporting oil/M);

1. Each protocol of seizure and each list of seizure;

1. Photographs related to oil pipelines, such as the current status of lsD analysis, cargo vehicle photographs, seized articles;

1. Previous convictions: Application of inquiry reports (E), criminal investigation reports to the prosecutor's office (prior convictions against suspects E, judgment for repeated crimes, and current status of confinement);

1. Relevant legal provisions concerning facts constituting an offense and each special larceny of the choice of punishment: The occupation of installing petroleum-saving facilities under Article 331 (2) and (1) of the Criminal Act: Article 13 (1) 2 of the Oil Pipeline Safety Control Act, Article 30 of the Criminal Act;

1. Defendant E from among repeated crimes: Article 35 of the Criminal Act (Inasmuch as there exists a previous offense of homicide, etc.);

1. Aggravation for concurrent crimes;

(a) Defendant A, C, and D: The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the penalty and penalty shall be the weight of concurrent crimes with the penalty specified in the violation of the Oil Pipeline Safety Control Act in the hot net);

(b) Defendant C and E: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment determined for the violation of the Oil Pipeline Safety Control Act heavier than the punishment);

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

1. Defendant C and D: Article 62 (1) of the Criminal Act;

1. Defendant A and B: Article 48 (1) 1 of the Criminal Act;

1. Grounds for sentencing under Article 32(1)3 and (2) and Article 25(3)3 of the Act on Special Cases concerning the Dismissal of Applications for Compensation Orders (the scope of compensation liability of the accused is unclear, and it is deemed inappropriate to issue an order for compensation in the criminal procedure of this case)

1. Scope of recommended sentences according to the sentencing criteria;

(a) From 2 years to 4 years of imprisonment with prison labor for the basic area of larceny (a) type 2 (decision on the recommended area) (decision on the recommended area), the basic area of larceny (decision on the types of larceny) (decision on the types of larceny).

(b) pipelines;

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