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(영문) 전주지방법원 군산지원 2014.10.29 2014고단509
절도
Text

A defendant shall be punished by imprisonment for six months.

However, 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 person who is between the victim C and the society.

The Defendant, upon receiving a request from the victim for the purchase of a high-tech field cultivated by the victim, arranged a high-tech field between D and the victim, who gambling the high-tech field. However, even though D’s intent to reject the purchase price was low and the transaction was not made by clarifying its intention to reject the purchase price, the Defendant got involved in selling and selling the high-tech field around the victim so that it can use the price.

Around 07:00 on October 20, 2013, the Defendant, without the consent of the victim, had D, who is unaware of the circumstances, set up in approximately 3,00 the old field of the high field cultivated by the victim in Yasan-si E. In the absence of the consent of the victim.

Around 07:00 on the 23th day of the same month without the consent of the victim, the Defendant continued to have D d, who is aware of the circumstances at approximately 2,300 YYYY 2,300 on the 23th day of the same month, inasmuch as there was no permission of the victim. However, the victim discovered it in the middle and prevented D from committing an attempted crime.

Accordingly, the defendant stolen or attempted to steals the height of 23 million won which is the market price owned by the victim, but was attempted to commit such theft.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. The part concerning the defendant's statement C and D among the interrogation protocol of each prosecutor's office against the defendant

1. Each police statement of C or D;

1. Application of Acts and subordinate statutes to each photograph (record 22,23 pages);

1. Relevant provisions of the Criminal Act concerning criminal facts and Articles 329, 34 (1) of the Criminal Act that choose a punishment, and Articles 342, 329, and 34 (1) of the Criminal Act (the point of attempted larceny and the choice of imprisonment);

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The grounds for sentencing under Article 62-2(1) of the Criminal Act and the main sentence of Article 59(1) of the Act on Probation, etc. are as follows: The victim’s farmland shall be the eavesdow.

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