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(영문) 춘천지방법원 강릉지원 2020.01.09 2019고단1252

절도

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Justice] On December 14, 2018, the Defendant was sentenced to one year and six months of imprisonment with prison labor for special assault, etc. at the Gangnam Branch Branch of the Chuncheon District Court, and three years of suspended execution, and the judgment became final and conclusive on December 22, 2018. On August 22, 2019, the Defendant was sentenced to six months of imprisonment with prison labor for confinement, etc. at the same court, and the judgment became final and conclusive on November 29, 2019.

【Criminal Facts】

The Defendant: (a) was a person operating a C Hospital located on the ground B of Gangnam-si; (b) sold pine trees planted in the neighboring land owned by the victim D; and (c) sold the trees planted in F forest to another person; and (c) concluded a contract with G, a landscaper around C Hospital, to sell pine 23gs for KRW 100,00,00, while carrying out the said forest as if the Defendant were the ownership; (d) on September 2018, G, without knowledge of the fact that the Defendant sold pine trees owned by the victim to the victim, she extracted and removed the pine 23gs planted in the forest using equipment, such as flasing machines, etc., in a manner that he did not know that the Defendant sold the pine trees owned by the victim.

Accordingly, the Defendant stolen the total market value of KRW 230 million owned by the victim and KRW 23 million.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of suspect examination of G police officers;

1. Each statement of D and H;

1. Full certificates of each registered matter;

1. A criminal investigation report (Attachment to documents to be submitted by a complainant), a certified copy of the cadastral map, and photo of the head of the crime collecting pine trees;

1. Investigation reports (on-site verification) and field photographs;

1. Investigation report (verification of pine trees 23 gluor);

1. A investigation report (verification of a counterpart contract to a suspect), a contract for sales of trees;

1. Data for investigation reports (Listening to the statement of the complainant, such as data for calculation of the amount of damage), and calculation of the amount of damage;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of criminal records of a suspect), written judgments, application of Acts and subordinate statutes to each case;

1. Relevant Article 329 of the Criminal Act and Article 329 of the Criminal Act concerning criminal facts;

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