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(영문) 대전지방법원 공주지원 2016.07.15 2016고단54
절도
Text

A defendant shall be punished by imprisonment for six 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

The Defendant resided and engaged in agriculture in public cities at public cities, and leased and run a night farm at public cities D (hereinafter referred to as “ night farm”) from the owner of the farmland at night. However, on December 28, 2012, the victim solar environment corporation acquired ownership of the farmland at public auction around the night.

In around 2014, the injured company received rent of KRW 700,00 from the Defendant, and had the Defendant take night at the above night farm. However, in around 2015, the injured company planned to hold the “the event at night”, etc. under the supervision of the victimized company, and thus, the Defendant was not able to hold the “the event at night,” and the Defendant was able to take a banner with the effect that “at night, at night,” “at night, at night and not enter the above night farm, at night.” At the above night, the injured company saws several placards to the effect that “at night, at night, larceny” at night around the given night farm.

Nevertheless, on September 2, 2015, the Defendant entered a cargo vehicle at the above night farm on September 11:00, and mobilized the Defendant’s wife and several persons, and brought about 4 Pox (40 km to 1 Pox) at night at the market price equivalent to 251,040 won, which is the ownership of the damaged company located far from the place.

The Defendant stolen the property owned by the victimized company in total amounting to KRW 7,719,480,00 from that to September 28, 2015 by the aforementioned method, as shown in the list of crimes in the attached Table, on a total of 10 occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. F's certificate of fact;

1. Each investigation report (to hear statements A of the suspect and to report on the preparation of a list of crimes);

1. Application of Acts and subordinate statutes regarding the description of each photograph, a copy of the decision to recommend reconciliation, a copy of the copy of the house output, a copy of the written notice of experience, and the screen and the results by seller;

1. Relevant Article 329 of the Criminal Act, the choice of punishment, and the choice of imprisonment for a 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. Social service order under the Criminal Act;

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