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(영문) 대전지방법원 천안지원 2019.01.08 2018고정311
절도
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a resident of Seoan-gu Btel C in Seoan-gu, Seoan-gu.

On August 19, 2017, the Defendant: (a) around 11:45, the Defendant: (b) deleted the part of the instant vinyl D, and thereby stolen this part of the instant vinyl paper, citing it as follows: (a) the victim’s market price in an amount equivalent to KRW 30,00,00 in the amount of KRW 5,00,00 in the market price; (c) one, the market price in an amount equivalent to KRW 8,90,00 in the market price; (d) one, the market price in an amount of KRW 8,00 in the market price; (e) one, “one, one, but the market price in an amount of KRW 8,00 in the market.”

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Application of the statutes on the photograph of this case

1. Article 329 of the Criminal Act and Article 329 of the Criminal Act concerning the crime, the choice of fines;

1. A fine not exceeding 300,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. Determination on the Defendant’s assertion of suspended sentence under Article 59(1) of the Criminal Act (see, e.g., Article 59(1) of the Criminal Act (see, e., Supreme Court Decision 2007

1. It is true that the summary of the assertion brings about plastic bags which the defendant was suffering from reading centers.

However, the defendant had no intention to acquire illegal profits since he was temporarily kept in good faith by threatening other persons to bring about the above plastic bags.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court, the court can sufficiently recognize that there was a criminal intent to obtain unlawful acquisition.

Therefore, the defendant's assertion is not accepted.

A. The Defendant did not leave the pertinent goods to guard rooms, etc. and stored them in his house.

B. The Defendant kept the said articles for a relatively long period of time by night.

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