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(영문) 대구지방법원 안동지원 2013.04.04 2012고단1282
절도
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On March 10, 2012, at around 08:00, the Defendant stolen approximately 23 glue trees, 20 glue trees, and 2 glue trees, which were planted by the victim in a dry field owned by the victim D, located in the Gyeongcheon-gun, Chungcheongnam-gun, around 08:0, in a way that they are loaded into a machine saw with a substantial amount of the market price.

Summary of Evidence

1. Statement made D in the third protocol of the trial;

1. Legal statement of E;

1. The second police suspect interrogation protocol partially against the accused;

1. Application of Acts and subordinate statutes to report on investigation (in relation to tree appraisal in the field and attaching site photographs);

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning criminal facts;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As to the assertion of the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act regarding the provisional payment order, the Defendant and the defense counsel did not recognize that the Defendant was a dry field owned by the victim, cut trees with the knowledge that it was part of the mountain permitted for cutting trees, and denied the facts charged in the instant dry field.

The following circumstances acknowledged by the evidence of the judgment and the records of this case, i.e., ① the Defendant did not cut the trees in the dry field of this case at the time of the initial investigation by the investigation agency, i.e., (a) sold 2 gys in the dry field at the time of the second statement; (b) the Defendant employed the gys and gys in the dry field of this case; and (c) the gys in fact cut the trees in the dry field of this case at the time of the gysing of trees at the time of the gys, but the gys and gys in this court did not know that the gys were the remaining land at the time of the gysing; (c) the Defendant stated that the gys and gys in the dry field of this case should be distinguished from the gys and gys in the dry field of this case; and (d) even if the gys and gys in the dry field of this case were installed.

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