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(영문) 수원지방법원 2013.04.17 2013고단738
절도
Text

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

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

The defendant is a person who has operated a secondhand business with D's trade name.

On August 2012, the Defendant, at around the end of 2012, knew that C’s factory construction site, the owner of the building, installed only the steel structure with the sn beam beam sn beam beam structure and had been suspended for a long time, and tried to arbitrarily remove and steal the steel structure installed at the construction site and cut it.

Accordingly, around August 27, 2012, the Defendant: (a) completed the completion to G of “F”, a scrap metal collecting company around August 27, 2012; (b) was asked from the owner of the building site of the said factory to remove and dispose of the steel structure; (c) requested the said G to remove and dispose of the steel structure in the sloping beam beam beam of the said plant construction site; and (d).5 million won was remitted from G to the new compromise account in the name of the Defendant on August 30, 2012.

After all, G again requested H, the president of the removed company who was unaware of the fact, to remove and dispose of the steel structure above, and H from September 1, 2012 to September 3, 2012, H used equipment such as oxygen folder and cicker, etc. at the site of the aforementioned factory construction work, and removed 16 tons of the steel structure sn beam beamed in the victim C owned by the victim.

As a result, the Defendant stolen the steel structure with the sloping beam of 92,715,040 won of the reported price of the victim C at the market price of the victim C.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of H;

1. Application of Acts and subordinate statutes to investigation reports (a manual for calculating stolen damage and a statement of construction progress);

1. Article 329 of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. The reason for sentencing under Article 32(1)3 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings for the Dismissal of Application for Compensation is that the defendant committed the instant crime among several kinds of or similar criminal records including punishment.

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