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(영문) 광주지방법원 순천지원 2014.09.30 2014고단681
절도
Text

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

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

On August 31, 2013, from around 18:30 to 22:32, the Defendant: (a) discovered office keys attached to D in Chungcheongnamcheon-gun, Chungcheongnamcheon-gun; (b) opened an office entrance by finding office keys attached to D; (c) operated 4 power source location of the main river; (d) acquired the said D from th from thth from the thth criminal, and kept in the storage tank of the said gas station by acquiring the said D from thth from thth; and (c) divided 20 liter of 20 liter of 38,460 won at the market price of 34,50 won and diesel of 20 liter of 20 liter of 2000 won at two plastic tanks; (c) linked 10 g 1,460 liter to the above 200 k jun 2,50 g ju 3,500 g w market price of the said gas.

Accordingly, the Defendant stolen light oil and gasoline equivalent to the market value of 36,156,960 won.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Each police officer's statement of J, K, L, and M;

1. Lane;

8.31.Written photographs on cell phoness

1. Investigation report (the mobile phone call details at the time of committing crimes of A or L);

1. Application of Acts and subordinate statutes to report on investigation (expact analysis);

1. Article 329 of the Criminal Act applicable to the crimes and Article 329 of the Election of Imprisonment;

1. Judgment on the Defendant and his defense counsel’s assertion under Article 62(1) of the Criminal Act

1. The summary of the claim is that D's L was disposed of the oil in D's gas station, and it was proposed that D's attorney fees, etc. were prepared. In response to this, the defendant knew that D's oil was owned by D, and did not intend to acquire it by thefting the oil in this case.

2. The judgment is based on the above evidence.

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