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(영문) 대구지방법원 2014.12.09 2014고단2841

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 to 4 and 6 shall be confiscated.

No. 5 of seized evidence.

Reasons

Punishment of the crime

1. On April 11, 2014, at around 18:40 on April 11, 2014, the Defendant: (a) collected the manual pumps (one-one-one) prepared in advance in the fuel in the fuel in the H excavation search season managed by the victim G; and (b) stolen them with approximately 40 liter of light oil equivalent to the market price of KRW 50,000,000 in the fuel tank located in the excavation search tank.

2. From April 30, 2014 to around 20:20 on April 30, 2014, the Defendant: (a) committed the crime with approximately 338,000 litress in the market price owned by the victim D, which was located in the fuel tank of the KS equipment managed by the victim D, from around 20:50 on April 30, 201 to around 20:50 on the same day; and (b) with approximately 400 litress in the light of the market price owned by the victim D.

Summary of Evidence

1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;

1. Statement of each police statement related to D and G;

1. Each protocol of seizure;

1. Two copies of on-site photographs, 14 copies of a CCTV closure photograph, 18:53 on April 30, 2014, 24 copies, photographs, 7 copies, 14 copies of a photograph of a crime apparatus, 14 copies of a photograph submitted by the victim;

1. Details of L mobile phone calls and calls, inquiries into respective communication confirmation data, a detailed statement of call calls, and details of the use of Defendant mobile phones;

1. One copy of the details of passage of the vehicle for M four months;

1. Three copies of a report on the results of field identification and a report on the results of comparison with the enemy;

1. Application of Acts and subordinate statutes to a criminal investigation report (referring to the identity of the victim's DNA submission, the photographic photo of the suspect and the photographic photo of the suspect), criminal investigation report (referring to the identity of the seized articles and the pumps discovered from the suspect's vehicle), criminal investigation report (referring to the investigation of the victim's vehicle discovered by the victim in light of the police station), and criminal investigation report (referring to

1. Article 329 of the Criminal Act concerning the facts constituting the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The victim's return defendant is in custody, and transit seems to be the damaged goods as provided in paragraph (2) of the judgment;