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(영문) 대구지방법원 2017.10.19 2017고단4625
절도
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

1. On May 21, 2017, the Defendant: (a) removed the D apartment reconstruction site managed by the victim C in Daegu Northern-gu, Daegu Northern-gu; (b) on the ground that the damaged party, who installed the entrance of the house at the entrance of the removal between E and F, did not prepare one of the ice gate, the market price of which is equivalent to KRW 1,00,000,000, in advance, and cut off, and loaded it into the luxa.

2. 피고인은 2017. 5. 22. 11:00 경 위 철거 현장 내 같은 철거 주택의 베란다에 설치되어 있는 위 피해 자가 관리하는 고철가격 8만 원 상당의 알루미늄 샷 시 5개를 미리 준비한 노루발 못뽑이로 뜯어 내 어 리어카에 싣고 가 절취하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Report on the occurrence of thief incidents;

1. Application of Acts and subordinate statutes to a report on internal investigation and a police officer dispatched to the scene;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting 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. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the degree of damage is relatively minor, the efforts to recover damage is made and the agreement is reached with the victim);

1. Article 62-2 of the Criminal Act on the observation of protection and observation (the crimes of the same kind require systematic treatment in society to prevent recidivism as punishment nine times is suspended, three times suspended execution, and one fine has the record of punishment for the same kind of crime);

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