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대구지방법원 서부지원 2020.01.09 2019고단1768

절도

Text

A defendant shall be punished by imprisonment for six months.

except that 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 May 20, 2019, at around 05:02, the Defendant discovered a room containing tools equivalent to KRW 1,000,000 in the market price, within the loading box of the E-1 ton vehicle owned by the victim D on the front road in Daegu-gu, Seogu, Daegu-gu, and went back with a room containing tools equivalent to KRW 1,00,000 in the market price of the victim’s possession, where the victim parked the vehicle in his house and was loaded using a cresh in which surveillance was neglected.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Report on internal investigation (the counter-investigation of the business owner at the vicinity of the site) and investigation report (the details of the suspect's specific circumstances);

1. Application of Acts and subordinate statutes of the details of the timely inquiry;

1. Article 329 of the Criminal Act applicable to the crimes and Article 329 of the Election of Imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act is disadvantageous to the defendant, who has been punished five times by a fine for the same crime, etc.

However, the punishment as ordered shall be determined in consideration of all the sentencing conditions shown in the arguments of this case including the defendant's age, character and conduct, environment, family relationship, means and results of the crime of this case, and circumstances after the crime of this case.