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(영문) 대전지방법원 천안지원 2018.06.15 2017고단2758

절도

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

While the Defendant was working for a farming company at the dry field of the victim C, a middle school dong located in Asan-si, Asan-si, the Defendant: (a) committed a theft of H beam 3,120km, which was kept in the above dry field to build a house; (b) on May 16, 2017, at around 12:00, the Defendant: (c) filed a request with D, who is well aware of the fact that he did not have the right to dispose of the above H beam, to sell and request D to sell the above H beam beam; and (d) subsequently, D, around 13:00 on the same day, transported the above H beam to F located in Seo-gu, Seocheon-gu, Seocheon-gu, Incheon-gu, and sold it to KRW 717,600.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. Statement made by the police against C;

1. Characteric message photographs;

1. Account transactions;

1. Report of investigation (Application of Acts and subordinate statutes to the F business G counterpart investigation);

1. Relevant Article 329 of the Criminal Act, Articles 329 and 34 (1) of the Criminal Act and the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act include: (a) the nature of the crime in this case; (b) the accused and the injured; (c) the accused denies the instant crime at the investigation stage; and (d) the accused did not have any circumstances after the crime; (d) the accused did not recover from damage; and (e) the accused did not receive any remedy from the injured party; (d) the Defendant led to confession and reflect in this court; (e) the amount of damage in this case was not significant; and (e) the Defendant did not have any record of punishment for the same crime in this case other than around 207, 1984; and (e) other circumstances revealed in the records and arguments of this case, including the fact that there was no record of punishment for the same crime in this case.