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(영문) 제주지방법원 2016.10.31 2015고단1036 (1)

절도

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. A thief: (a) the Defendant: (b) ordered C to repair the “rop of the temporary construction material” after he contracted for construction from C; (c) then, (d) removed the gap in the right to take the cret of the victim E-construction material located in D at the beginning and around September 2014 from the night site of the victim E, which was located in D, with the direction of other C, on the opportunity to take the cret of the victim’s ownership into the right to take the cret; (d) stolen the pipe (6m 20, 4m 40), 700,000 won at the market price owned by the victim, which was kept at the same place, and stolen the material (8 luco width, 8 ocop, 20 each 20 materials) in the truck.

2. Under the circumstances described in paragraph (1), the Defendant, while using Chapter 189, “rop” equivalent to KRW 5,00,000 owned by the victim E, came to know that it was taken out without the victim’s permission, and embezzled by refusing to return it through C even if the Defendant was requested to return it from the victim to February 2015, without justifiable grounds.

Summary of Evidence

1. Each police suspect interrogation protocol against the defendant and C;

1. Application of each police protocol of statement to E and F;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 355 (1) of the Criminal Act, and the choice of imprisonment with prison labor;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The scope of recommendations according to the sentencing guidelines for crimes 1 (Embezzlement and Breach of Trust) [Scope of Recommendation] Type 1 (100 million won) and Type 1 (100 million won) (No person specially punished] 2 (the scope of recommending punishment] / [Scope of thief] / The mitigated area (1-6 months), mitigated area (1-6 months), mitigated area (1-6 months), and intrudes into places other than indoor residential space (4 months), which are subject to the aggravated aggravated punishment for multiple crimes: 4 months to 1 year and 7 months;

2. The age, character and conduct, the environment, the circumstances leading to the instant crime, the means and results thereof, and the circumstances after the commission of the crime.