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(영문) 의정부지방법원 고양지원 2016.04.14 2015고정640
절도
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On November 22, 2014, around 20:0 to November 16:00, 2014, the Defendant: (a) invadedd the victim D, a victim D in Gyeyang-gu, Seoyang-gu, Seoul, with a new construction project owner on November 29, 2014; and (b) was under custody at that place; and (c) was stolen by taking about five 5,000 water-supply meters equivalent to the market value of KRW 175,00,000, the market value of which was KRW 1750,000.

Summary of Evidence

1. Entry of a defendant in part in the protocol of second public trial;

1. Legal statement of the witness D;

1. Statement of witness E in the second public trial protocol;

1. A protocol concerning the interrogation of the suspect against the accused (including part concerning E-examination);

1. Statement made by the police for E;

1. Investigation reports (the relative investigation of victims) and the application of Acts and subordinate statutes to investigation reports (the relationship of possession of boilers);

1. Article 329 of the Criminal Act applicable to the facts constituting an offense and Article 329 of the choice of punishment;

1. Penalty fine of 500,000 won to be suspended;

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

1. Determination as to the assertion of the Defendant and the defense counsel under Article 59(1) of the Criminal Act (see the following grounds for sentencing) of the suspended sentence

1. The summary of the assertion is that the Defendant’s boiler and water measuring instruments brought about are owned by the Defendant.

Even if it is not owned by the Defendant, the Defendant was aware that E contracted installation of boiler and water meters and contracted to install them was in the position to dispose of the said boiler and water meters.

With the consent of E, the Defendant carried the boiler and the water meter.

Therefore, the defendant is not subject to larceny.

2. In full view of the following circumstances revealed by the evidence duly adopted and examined by this court, the Defendant: (a) committed theft of boiler and water supply instruments owned by the victim as stated in the facts charged;

It is reasonable to view it.

A. On August 2013, the Defendant: (a) installed the boiler (500,000 won per unit) in a multi-family house in which the victim D was built from E around August 2013.

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