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(영문) 대전지방법원 홍성지원 2013.10.02 2013고정110
절도
Text

The prosecution of this case is dismissed.

Reasons

1. Around September 12, 2012, the Defendant: (a) around September 12, 2012, at the joint inducement field of the victim C, D, and E, the Defendant, who is the Defendant’s friendship in Chungcheongnam-gun, Chungcheongnam-gun; (b) used a gap in the victim’s surveillance negligence, transferred the victim’s surveillance to a dump truck, an engineer at the site using the dump; and (c) had dump truck engineers transport the earth and sand to the H construction site located in Seocheon-gun, Seocheon-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, the Defendant stolen the amount of 10,90 cubic meters at the market value of KRW 3740,00.

2. We examine the judgment. This is a crime falling under Article 329 of the Criminal Act, which can be prosecuted only upon a victim's complaint under Articles 344 and 328 (2) of the Criminal Act. According to the written statement of the withdrawal of the complaint dated August 9, 2013 and the written statement of each written confirmation dated September 6, 2013 and September 12, 2013, both the complainant C, Victim D, and E, which are after the prosecution of this case, can be acknowledged as having been revoked by expressing their intention not to be punished against the defendant on or around September 12, 2013. Thus, the public prosecution of this case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.

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