beta
(영문) 대구지방법원 김천지원 2019.10.17 2019고단655

절도

Text

A defendant shall be punished by imprisonment for not less than eight 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

1. At around 23:00 on December 31, 2018, the Defendant: (a) dismantled 20,000,000 Gale 20,000, the market price of the victim Kim Jong-si located in B, Kimcheon-si, which was set up on the river body road managed by the victim Kim Jong-si; and (b) cut off the vehicle into the cargo vehicle by using a steel monstner and loading it.

2. On February 7, 2019, at around 23:00, the Defendant: (a) dismantled 20 square meters of the market price at the body of a river located in the victim Kimcheon-si B, Kimcheon-si, which was managed by the victim Kimcheon-si; (b) dismantled 20,000,000 won of the market price; and (c) stolen the freight into the cargo vehicle by using a monstner.

3. On May 4, 2019, at around 01:30, the Defendant: (a) dismantled around 17, 3910,000 won at the market price installed on a road managed by the victim Kimcheon-si, Kimcheon-si, Kimcheon-si; (b) cut off the freight onto the cargo vehicle and loaded it.

Accordingly, the Defendant stolen the total amount of 1,310,000 won over three times.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and F;

1. Each petition, each location map, and the site for photograph;

1. Each photograph;

1. Each protocol of seizure and each list of seizure;

1. Application of the relevant Acts and subordinate statutes to each estimate, investigation reports (statements of witnesses G), and investigation reports (specific reports on damaged goods);

1. Article 329 of the Criminal Act and the choice of punishment for the crime, Article 329 of the Criminal Act and the choice of imprisonment;

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

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

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of punishment by law: Imprisonment with labor for one month to nine years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 (Determination of Punishment) thth thth th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th

B. Second thief (decision on the type of thief) (the decision on the type of thief). In general, thief for general property.