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(영문) 대구지방법원 상주지원 2015.04.28 2014고단606

절도등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant causing property damage is an intermediary who acts as a broker for the construction of the victim C and D to conclude a contract for the E-Newly constructed work, and in order to carry out the said construction work, it is necessary to negotiate on both sides to proceed with the construction work in the manner of Defendant’s mind.

From early December 2, 2013 to around January 2, 2014, the Defendant: (a) installed containers without permission to use the victim’s land in the door-si F, the victim’s possession; (b) installed concrete packaging on approximately 9 square meters; (c) installed 50 square meters of Gu / Gu / Gu / Gu / Gu / Si / installing fences with approximately 50 meters of length; and (d) damaged the victim’s land to cover approximately KRW 7 million of the cost of removing concrete.

2. The Defendant stolen electricity amounting to KRW 149,370, which is the victim’s possession, by carrying out construction works as described in paragraph 1 using electricity provided to the victim G at the time and place described in paragraph 1.

Summary of Evidence

1. The defendant's partial statement (a statement that he/she has committed an act entered on the market);

1. A witness H's legal statement (a statement that the defendant committed an act entered in the judgment without the consent of C)

1. The witness I’s legal statement from January 201 to the same year, when it is possible to start construction works;

2. A statement that no person should have taken place until the first patrol officer.

1. A standard contract for private construction works;

1. Application of Acts and subordinate statutes to investigation report (a receipts of the amount of damage sustained by the injured party) and one receipt (a receipt submitted by the accused and his defense counsel) (a) denies the damage of property and the theft of the act described in the judgment, while there was the consent of C on the part of C, the defendant, according to the above evidence, installed pents, etc. as stated in the judgment without the consent of C, and the fact that the defendant damaged and stolen property

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;

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