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(영문) 수원지방법원 평택지원 2018.01.10 2017고정347

절도

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On April 6, 2017, around 09:00, the Defendant: (a) cut off the pipe 3, 2, and 16 iron bars on the Defendant E-cpoter vehicles, with a view to building the victim D’s market value in front of the development site of the C commercial site in an amount equivalent to the total amount of KRW 50,000,000, in total.

2. On April 6, 2017, at around 10:00, the Defendant: (a) loaded 2 pipe 110,000 in the victim H’s market value in G extension construction site located in F in Ansan-si; and (b) loaded 2 rainwater and stolen the Defendant’s E-wit vehicle.

3. On April 6, 2017, at around 11:50 on April 6, 2017, the Defendant: (a) cut off two light reflectors of the victim’s e-mail on the Defendant’s E-mail vehicle, one medium-sized 500,000 won in total, the market value of the victim’s new building at the victim J, which was located in Ansan-si.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Each statement of D, H and J;

1. The scene of damage and photographs of damaged articles;

1. Each criminal summary [The defendant and his defense counsel believe that they were abandoned articles, and bring them to the effect that there was no intention to commit larceny. However, considering the contents of the defendant's statement in the evidence record, the situation of the goods, and the place where the goods were located, it seems that at least the defendant had an intention to commit larceny.

Therefore, the above argument is without merit.

Application of Statutes

1. Article 329 of the Criminal Act and Article 329 of the Criminal Act and the choice of fines for criminal facts;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;