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(영문) 대전지방법원 논산지원 2017.01.10 2016고단192
절도
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 21, 2014, the Defendant: (a) committed theft against the victim C; (b) committed theft against the victim C by having 4.5 million won prior to the transfer flag sold to 4.5 million won; and (c) entered the victim’s house located in Chungcheongnam-gun, Chungcheongnam-do, with a view to having the victim stolen the victim’s property by driving the transferred bridge, the transfer price of which is equivalent to KRW 350,000,000,000 of the market value of the victim’s ownership, by carrying it into one transferred tool at the transfer price of KRW 3.

2. On January 14, 2016, the Defendant: (a) entered the victim E’s house boiler room located in the Dannam-gun F, Chungcheongnam-gun; (b) putting approximately KRW 40,000,000,000,000,000 of the market price owned by the victim into the victim’s house boiler room; and (c) stolen the victim’s share of approximately KRW 20,000,000,000,000,000 won of the market price owned by the victim at the same place.

Accordingly, the defendant stolen the total amount of 4,910,000 won of the market price owned by the victims three times.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes of the E;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act reflects the Defendant’s wrongness, the victim E and the Defendant were fully agreed upon. The victim C repaid one million won to the victim C, and the Defendant’s age, sex, environment, criminal records, relationship with criminal records, circumstances of the crime, total amount of damages, and circumstances after the crime, etc. shall be determined as ordered by taking into account all the sentencing conditions specified in the instant pleadings, such as the Defendant’s age, sexual behavior

The acquittal portion

1. The Defendant, on January 16, 2016, was parked in the victim H’s house located in Chungcheongnam-gun G on the part of the Defendant: (a) opened a lid for fuel fuel of the International cargo vehicle owned by the victim and connected ices, thereby thefting approximately KRW 20,000 square meters via the market price; and (b) committed January 17, 2016.

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