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(영문) 대구지방법원 2015.12.17 2015고단5494

절도등

Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That 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

1. Larceny;

A. On October 10, 2015, the Defendant stolen, around 06:30 on October 10, 2015, on the road in front of the road operated by the victim D in Daegu Suwon-gu, Daegu-gu, the Defendant: (a) loaded ten heavy 10,000 won of the market value of the victim he/she he/she was he/she he/she stored, onto the Fpoter cargo owned by the Defendant.

B. On October 28, 2015, the Defendant: around 06:20 on October 28, 2015, stolen: (a) at the same place as Paragraph (a) of Article 1; and (b) at the same place, ten heavy 10,000 won of the market price, which was accumulated at the same place, owned by the said victim, was stolen on the said cargo vehicle.

2. On November 13, 2015, the Defendant attempted to steal a thief owned by the said victim at the same place as paragraph 1(a) at around 06:50 on November 13, 2015, but, upon receiving a report from the victim, the Defendant failed to do so with the wind arrested by a police officer dispatched.

3. On November 2015, the Defendant: (a) obtained the resident registration certificate or driver’s license owned by the victim I lost on the road front of the scamb in which it is impossible to identify the name of H root in Seo-gu, Daegu, Seo-gu, Seo-gu. G.

The Defendant did not take necessary procedures such as returning the acquired property to the victim, but did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or I;

1. The list of seizure;

1. Application of each statute on photographs;

1. Article 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, and Article 360 (1) of the Criminal Act concerning the facts constituting an offense (the point of embezzlement of stolen articles);

1. Selection of each sentence 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 provides for the reasons for the sentencing of Article 62(1) of the suspended sentence and Article 62(1) of the Criminal Act, and Article 62 of the Criminal Act provides for the second crime that has no basic area (4 to 8 months) of the first category of theft for general property.