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(영문) 대전지방법원 공주지원 2018.08.24 2018고정40
절도
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On May 2016, the Defendant: (a) on May 1, 2016, the charge of the charge of the charge of the charge of the double walling 200 meters 150 meters away from the victim E’s market value, which was kept in custody of one party for the “D” company Mar. 1, 201.

However, the defendant stated that the size of double walls in question is 200 meters after being investigated by the prosecutor's office, and the victim's assertion is identical.

Since the entry in the facts charged appears to be a clerical error and the correction thereof are not particularly disadvantageous to the defendant, it shall be changed ex officio.

11. At will, one of them was sold to persons related to the untitled construction work, and they were stolen.

Summary of Evidence

1. The defendant's legal statement to the effect that the sale of double walls is true;

1. Legal statement of witness E;

1. The photograph of the damaged article submitted by the complainant (the defendant and his/her defense counsel obtained permission from the injured party in selling double walls, so it does not constitute larceny;

The argument is asserted.

However, in full view of the circumstances acknowledged by the evidence of the judgment, such as the fact that the injured party sent a text message that the Defendant did not have any double wall management since the Defendant committed the crime, and the victim asserted that the Defendant did not have consented to the sales of the Defendant in advance, and that the result of the psychological physiological examination corresponds thereto, the Defendant sold a double wall with no consent or permission from the injured party.

The decision is judged.

Therefore, the defendant and his defense counsel's assertion is without merit.

1. Relevant Article 329 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

1. A fine not exceeding 300,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Although the defendant denies a crime on the grounds of sentencing under Article 59(1) of the Criminal Act of the suspended sentence, the overall facts are recognized, and the defendant did not reach an agreement, but was damaged on behalf of the victim.

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