절도등
A defendant shall be punished by imprisonment for four months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. A theft: (a) around 16:00 on May 3, 2015, the Defendant: (b) destroyed C Company C’s road construction site located in Yangju-si B; and (c) caused approximately KRW 23 km of steel structure adjacent to steel structure for double-living of concrete in the market price owned by the victim D.
2. On May 3, 2015, the Defendant attempted to larceny: (a) around 19:30 on both sides, at the F plant located E, and the market price owned by the victim G, and was discovered and attempted by the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of police statement concerning G or D;
1. Application of Acts and subordinate statutes to photographs of each damaged article;
1. Article 329 of the Criminal Act concerning the facts constituting the crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Although the Defendant made a confession of the facts charged, he/she made a vindication to the effect that “the damaged goods have been considered to have been discarded” from the investigative agency to the court, even though he/she made a confession of the facts charged.
However, according to the records, the defendant was found to have been punished three times from around 2009 for the crime of theft of construction materials, scrap metal, etc. in outdoor, such as the construction site, etc. (one of them is suspended execution) and several investigations have been conducted by investigation agencies. The defendant is merely considered to have been fully aware that the victims have been kept outdoor for the sale of scrap metal, not the abandoned goods, because the damaged goods of this case have property value to a certain degree, but the victims have been brought about without the consent of the victims. Thus, the defendant's defense is not accepted.
Reasons for sentencing
1. Scope of recommendations based on the sentencing guidelines: April - August 8 [Type] 1 (thieves, etc.) and basic area (general mitigation factors) where significant damage has been recovered;