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(영문) 수원지방법원 안산지원 2014.04.15 2013고단1156 (1)
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

1. At around 13:20 on March 7, 2013, the Defendant, together with B, stolen the pipe for the construction site owned by the victim E, which was loaded at the scene “D 1st floor of Ansan-si,” from the Defendant, by selling on the water on the high water, and selling the pipe for the construction site owned by the victim E, with the intent to steal it for the purpose of using it in the drinking value on the water, and by selling it on the “F property shop in the vicinity,” the Defendant stolen it by transferring 130 km of the pipe for construction works equivalent to 200,000 won at the market price to ria and loading it.

2. On March 7, 2013, the Defendant, together with B, stolen them by carrying 155 km, including construction pipes, at a price equivalent to 200,000 won in the market price owned by the victim E, in the same manner at the same place as that of March 7, 2013.

Summary of Evidence

1. Each police interrogation protocol of the accused, B, or G;

1. Part of the police statement of E;

1. Application of the Acts and subordinate statutes concerning purchase, book copies, and case-related photographs;

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. Taking into account all the circumstances, including the fact that the defendant confessions and reflects a crime, the amount of damaged goods is not so big that they are immediately recovered, and the defendant has no criminal record other than the fine, under Article 62(1) of the Criminal Act.

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