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(영문) 대구지방법원 2016.12.08 2016고단5162

절도

Text

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

except 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

The defendant is a business member of the D company operated by the victim C in Youngcheon-si B in Gyeonggi-do.

At around 06:00 on August 25, 2016, the Defendant arbitrarily removed goods stored in the warehouse in the aforementioned D Company’s custody from the warehouse in order to take them out of the warehouse in order to carry them out of the warehouse and without obtaining permission from the injured party, and arbitrarily removed niting school 1 rush, etc. on the vehicle in a manner that sets them out on the vehicle without obtaining permission from the injured party, and then concealed the goods taken out to the container (container number: F) of the Defendant’s stolen goods storage place (container number) located in the area adjacent to the Daegu Seo-gu, Seo-gu, Daegu, Daegu, at around 07:0 on August 25, 2016; and at least twice a month from around 2012 to August 25, 207:0, the Defendant kept the goods stored in the warehouse in the above D Company’s custody at KRW 26,650,534 won at the market price in the above container as stated in the attached list of crimes, the Defendant’s plastic goods stored at KRW 313, 24.

As a result, the Defendant stolen a total of 151 items in total amount of 28,782,777 won, such as the U.S. Barping schooller.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to C, H, I, and J;

1. Statement of seizure of each police;

1. Application of Acts and subordinate statutes to each investigation report (in relation to the attachment of the inventory inspection table, the date and time of the crime, and the specification of damaged articles, the scene of the execution of the seizure warrant and photographs of damaged articles, the attachment of locks and photographs, the attachment of locks and photographs of damaged articles, the attachment of locks and photographs of the

1. Article 329 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Reasons for the sentencing of Article 62(1) of the Criminal Act [the scope of recommending punishment] of the suspended sentence under Article 62(1) of the Criminal Act, the area of mitigation (4-10 months) (special mitigation) of the mitigated area (4-10 months) of general property, and the defendant is not subject to punishment (the decision of sentencing).