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(영문) 대전지방법원 2017.02.10 2016고단4192

절도등

Text

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

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

Reasons

Punishment of the crime

Around August 2015, the Defendant discovered a bareboat cargo vehicle in front of Chungcheongnam-gun, Geumsan-gun, by using a gallon (60cm) owned by the victim C, and used a ballon for the purpose of stealinging things, and used a ballon in possession for the purpose of stealing things, and used a ballon (60cm) in possession of the victim’s possession in the above ballon, the Defendant 200 won per annum of the total amount of KRW 2,000,000, the market price of which is equivalent to KRW 3,000,000 in the above ballon, together with one plastic tea of KRW 2,15,00,00 in total, as described in the attached list of crimes.

"2016 Highest 4385"

1. A theft Defendant shall not deduct the victim F-owned G 4.5 tons truck from the fuel tank of the G 4.5 tons truck with the market price unexponed light oil, which is parked in a terminal shuttletle bus terminal located in 26 times in the 36th parallel-ro, 30,00 a.m., 24:0 on December 30, 2014;

L. A. L. theft was committed.

2. The Defendant attempted to larceny at the time and place specified in the above 1.1. In a continuous manner, the Defendant attempted to steal 20 liters via the market price, which is the victim F, from the victim, to the H, who is a police officer of the victim, at the scene, and did not escape and did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement in the I, J, K, L, M, N, P, Q, R, T, T, U, and V:

1. Each statement made by the police in each protocol of police statement against C, W, X;

1. Entry of each protocol of seizure;

1. Application of the Acts and subordinate statutes in which statements made by the police in F are recorded;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, and the choice of imprisonment for the crime;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The reason behind sentencing of Article 333(1) of the Return Criminal Procedure Act, the primary crime, the living penalty, the frequency of the crime, the scale of damage, and some damage.