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(영문) 인천지방법원 2018.08.16 2017고단2159
특수절도
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On March 2015, the Defendant, along with B and C, did not remove waste cables from waste cables and was in custody in the inner diameter of the Manle, and conspired to steals the cable lines. The Defendant and B, in the field, colored the preparation of answers and necessary equipment, and the place of disposal of stolen goods, and C, in order to draw the cables, dump trucks and freight vehicles necessary for the transportation of dump trucks and stolen goods.

On March 29, 2015, at around 05:30, the Defendant, along with B and C, opened a lid which was prepared in advance at the Dongjak-gu Seoul, Dongjak-gu, Seoul. The Defendant: (a) opened a lid of the last lid; (b) connected the same cable owned by the victim D; (c) connect B with a dump truck loaded at a dump truck operated by C and F; (d) connect F with the other end of the above dump truck to the lower end of the above dump truck, and (e) allowed F to drive the dump truck and drive the above dump truck to proceed on the road; and (e) cut off approximately 239 meters (weight 1,713kg) of the same cable, which is equivalent to 11,91,000 won at the market price, with cut it on the road; and (e) cut it to 1 ton of G cargo vehicle by using cutting machines.

Accordingly, the defendant stolen the victim's property together with B, C, F, and G.

Summary of Evidence

1. A protocol concerning the examination of a suspect by the prosecution against C, G, B, or F;

1. A protocol concerning the interrogation of each police officer against the defendant, F, C, G, H, or B;

1. Statement made to I by the police;

1. A written statement of I;

1. Relevant photographs;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. In light of the following circumstances: (a) there was a history of having been sentenced to suspension of indictment for the purpose of special larceny for the reason of sentencing in Articles 331(2) and 331(1) of the Criminal Act regarding criminal facts; (b) the victim did not reach an agreement with the victim; (c) the Defendant did not have a criminal record of imprisonment without prison labor or any heavier punishment; (d) the Defendant did not have a criminal record; and (e) the confession of the instant crime at an investigative agency is considered as favorable circumstances; and (e) the Defendant’s age, sex behavior, environment, motive and means, consequence, etc. are

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