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(영문) 수원지방법원안산지원 2020.11.03 2020고단2665
특수절도
Text

Defendant

A shall be punished by imprisonment with prison labor for three months and by imprisonment for six months.

A seized cuter (No. 1).

Reasons

Punishment of the crime

[Criminal Justice] On June 11, 2020, Defendant A was sentenced to one year of imprisonment with prison labor for special larceny in the Suwon District Court's Ansan Branch, and the judgment became final and conclusive on June 19, 2020.

Defendant

B On June 11, 2020, in addition to Defendant A, one year has been sentenced to imprisonment with prison labor for the same crime, but appeal is still pending in the appeal court.

【Criminal Facts】

On May 5, 2020, the Defendants conspired with the factory to cut off electric wires between the marbles, and discovered that there was no manager at the E factory managed by the victim D in the Dongducheon-si, 00:30 on May 5, 2020, and cut off the high-tension electric wires, the market price of which cannot be known through intrusion into the above factory, and cut off to cut off the 100 meters of high-tension electric wires from which the Defendants were on board.

Accordingly, the Defendants, together, stolen the victim's property by destroying and impairing the door at night.

Summary of Evidence

1. Defendants’ legal statement

1. Written statements of D;

1. Each on-site photograph, each on-site map, a report on the seizure of photographic materials, and the list of seizure;

1. Previous convictions of Defendant A: Criminal history records, etc. inquiry reports (A), investigation reports (verification of the relationship between latter concurrent crimes of Article 37 of the Criminal Act and concurrent crimes), previous dispositions, and application of Acts and subordinate statutes reporting results;

1. Defendants of relevant legal provisions concerning criminal facts: Article 331(2) and (1) of the Criminal Act

1. Defendant A who handles concurrent crimes: The latter part of Article 37 and Article 39 (1) of the Criminal Act;

1. Discretionary mitigation Defendants: (a) both Defendants were sentenced to a suspended sentence of imprisonment due to special larceny under Article 53 and Article 55(1)3 of the Criminal Act; (b) the Defendants were charged with special larceny on February 28, 2020 with a criminal record stated in the judgment; and (c) even though the trial was conducted on February 28, 2020, they again committed the instant crime under the same law without being aware of it; and (d) there is a high possibility of criticism.

Even if the damage has not been recovered, it is disadvantageous to the Defendants.

(b).

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