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(영문) 대구지방법원 2016.07.15 2016고단1151

특수절도등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

[2016 Highest 1151]

1. On March 1, 2016, the Defendant, in collaboration with C, moved 21,00 g of scrap metal 290 g, which was located before the vocational technical school located in 513-1, as the center of Daegu Northern-gu, Daegu, 2016, and carried out by the Defendant, in combination with C, around 21,00 g of scrap metal 290 g.

Accordingly, the defendant stolen the victim's property together with C.

2. On March 1, 2016, around 14:30, the Defendant: (a) moved 13,000 g of scrap metal 187 g, which was left by the victim D in front of the said Daegu Special School; (b) moved 13,000 g, in hand, and went back.

Accordingly, the defendant stolen the victim's property.

[2016 Highest 2429]

1. On April 27, 2016, the Defendant infringed on a structure, entering the structure into the mash through an open gate, in which he/she had stolen property from G operated by the Victim F in Daegu-gu, Daegu-gu, and had the victim F, thereby infringing on the structure.

2. The Defendant: (a) committed theft on the said date and time, and at the said place, on the part of the victim’s market price owned by the victim, which was 10,000 won by taking advantage of the gaps in which the victim was shotly in surveillance; and (b) committed theft.

Summary of Evidence

[2016 Highest 1151]

1. Statement by the defendant in court;

1. Statement in each protocol concerning the suspect examination of the police against the defendant, C, or H;

1. Statement made in the police statement protocol with D;

1. Records or images of CCTV photographs, investigation reports (Attachment of damaged objects), or images (2016 Height group 2429);

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol against the accused;

1. Entry of the written statement;

1. Application of the Acts and subordinate statutes governing CCTV photographs;

1. Relevant provisions of the Criminal Act concerning the crime, Articles 331(2) and 331(1) of the Criminal Act (joint larceny) concerning the choice of punishment, Article 329 of the Criminal Act (the fact of larceny, the choice of imprisonment), and Article 319(1) of the Criminal Act (the point of intrusion upon residence, and the choice of imprisonment);

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. Articles 53 and 55(1)3 of the Criminal Act (Articles 53 and 55(1)3 of the Criminal Act ( Taking into account the conditions of sentencing favorable to the following reasons for sentencing):

1. The Criminal Act, the suspension of execution;