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(영문) 대구지방법원경주지원 2020.09.03 2019고단720

절도

Text

A defendant shall be punished by imprisonment for not less than three months.

However, 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 November 17, 2019, around 13:46, the Defendant: (a) opened a ccarpe in the Ccarf, which was installed in the Ccarf, on November 17, 2019; (b) took a door of 31 parts; and (c) took a theft of a wall of KRW 60,000,000 in cash owned by the victim D; and (d) KRW 20-3,000 in a gift certificate.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the police interrogation of the accused;

1. Written statements of D;

1. CCTV video CDs;

1. A report on the results of field identification;

1. The defendant and his defense counsel asserted to the effect that the defendant did not bring about the victim's wall. Therefore, considering the following circumstances acknowledged by the evidence mentioned above, the defendant's body and the defendant's 31th unit and the defendant's 31 unit and the defendant's 31 unit are the defendant, the defendant is only the defendant, the defendant was opened the 31 unit and was dead on the CCTV screen, and the victim was dead on the 1st floor and the 31 unit after opening the 31 unit, and the victim's empty wall was discovered in the victim's toilet room, and the defendant's body and the items possessed by the defendant were not confirmed in the victim's wall, and even if the defendant's body and items possessed by the defendant were not searched at the time of search, it is reasonable to view that the defendant's above evidence was stolen as stated in the judgment. Thus, the defendant's ground of appeal is without merit.

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

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act include the following: (a) background of the instant crime; (b) the amount of damage; (c) whether damage was recovered; (d) contingent motive for the crime; and the family relation, occupation, age, character and conduct, environment, and the circumstances after the crime.