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(영문) 대구지방법원 서부지원 2019.06.26 2019고단57

절도

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant: (a) operated a cemetery construction company in the name of “C” in the G, G, and around November 2017, the Defendant was awarded a successful bid for the land F, etc., owned by the victim E, from D (the age of 66) to D (the age of 66); and (b) transferred stone, such as the deceased and the deceased, around the above land, to the adjacent sperm by using heavy equipment; (c) performed the work of moving stone owned by the victim E to the emptyter in the vicinity of the above land; (d) however, the Defendant did not receive construction cost from the foregoing D; (e) carried stone owned by the said victim to the vacantter; and (e) carried stone owned by the said victim with the stone owned by the said victim.

At around 09:00 on July 15, 2018, the Defendant: (a) used heavy equipment and freight cars on the land in the airspace located in Seongbuk-gun F of Seongbuk-gun; (b) used heavy equipment and freight cars; (c) used the victim E-owned by the victim; (d) used 40 million won in total; (e) used the victim E-owned by the victim; (e) used 30,000,000 won in size; and (e) used 7,000 won in size, such as 1,000,000 won in size.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. Application of investigation reports (Attachment of photographs submitted by a complainant), on-site photographs, and statutes;

1. Relevant Article of the Criminal Act and Article 329 of the Criminal Act regarding criminal facts, the choice of a fine (i.e., the confession and rebuttals, the return of damaged articles, the actual value of damaged articles, the fact that the actual value of damaged articles appears not to reach the victim's assertion, the fact that there is no record of the same crime and the fact that there is only the past record of fines) and other circumstances

1. Article 70 (1) of the Criminal Act for the detention of a workhouse;

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