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(영문) 창원지방법원 2013.11.29 2013고단2970

절도등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Around 01:00 on August 21, 2013, the Defendant, at the construction site of the access road at Kimhae-si, Kimhae-si, the Defendant: (a) stolen the 3 roll of old 4,000,000 won at the victim D’s market value; (b) loaded the e white flue flue

2. At around 04:00 on August 23, 2013, the Defendant: (a) stolen approximately one ton of the steel refrat pipes at the market price of KRW 3 million owned by the victim F at the above construction site; and (b) stolen the said white frating truck.

3. On August 27, 2013, the Defendant entered the construction site at the above site for the purpose of thefting construction materials, etc., and obstructed stolen objects, which were caught to the employees G of the above D who was diving to catch the theft site, and did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G, H and I;

1. Application of Acts and subordinate statutes of J;

1. Relevant Article 329 of the Criminal Act, Articles 322 and 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, and choice of imprisonment with prison labor for the crime;

1. From among concurrent crimes, the sentencing of Articles 37 (former part), 38 (1) 2 and 50 of the Criminal Act is to be determined by comprehensively taking account of the various sentencing factors indicated in the instant case, such as the Defendant’s criminal records (the Defendant committed the instant crime during the suspension of execution due to night structure, intrusion and larceny), the background leading to the instant crime, the degree of damage to the victim and recovery from damage therefrom, circumstances after the commission of the instant crime, and the Defendant’s mistake.

It is so decided as per Disposition for the above reasons.