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(영문) 청주지방법원 제천지원 2012.12.06 2012고단485

절도

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant stolen materials, such as steel bars, at the construction site at the night or at the new wall time, by carrying them onto one ton of each type of cargo vehicle (C), carried by the Defendant, and raised them with the intent of selling them on the water for living expenses, etc.

The defendant from around 21:00 on August 23, 2012 to 23:00 on the same day, the defendant's indictment No. 21-11 of the Hayang-gun, Chungcheongnamyang-gun, the victim, the neighboring victim of the "Yong-gun", is stated in the letter of indictment as one (the On-Site Head E), but the victim is a new ero (the On-Site Head D) corporation.

(Investigation Records 238 pages, 372 pages, 466 pages). Accordingly, there is no substantial disadvantage in exercising the defendant's right of defense, thereby recognizing the victim as a new ero.g.

In the construction site, the said vehicle was installed in front of the camping site using a crebs without human resources in the vicinity of the construction site, and the vehicle loaded 143 of the bridge 1,290,000 won, which is a construction material owned by the victim and stolen it, from September 22, 2012 to September 22, 2012, the construction materials were stolen, including those with a total market price of at least 1,89,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, F, and G;

1. A report on damage from DNA preparation;

1. Records and lists of police seizure;

1. Application of written estimates, photographs of the scene of damage, investigation reports (including attachment, etc. of the place of damage, instructions, explanations, photographs, photographs, etc. stated by D, reports on victim DNA hearing), and statutes on site photographs;

1. Article 329 of the Criminal Act and the choice of punishment for the crime, Article 329 of the Criminal Act and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Confiscation: (a) the reason for sentencing of Article 48(1)1 of the Criminal Act; (b) larceny (a) is a larceny crime.