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(영문) 청주지방법원 2017.06.22 2017고정26
절도
Text

Defendant shall be punished by a fine of 200,000 won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On October 12, 2016, the Defendant, without obtaining permission from the victim C, entered a high field of 10 square meters in size of 10,000 square meters by the victim C located in the Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, and stolen it by means of loading onto the numberless cargo vehicles leased by others on the market in the high field of the above Go-gu, Go-gu, and by using Ho-si.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and E;

1. Statement made by the police with regard to F;

1. On-site photographs [the defendant asserted that he cultivated and harvested the meat with the consent of the victim. However, according to the evidence above, the victim was judged together with the defendant at the proposal of the defendant, and the defendant was found to have been aware of the fact that the victim had been living together with the defendant, and thereafter, the management of the Go-gu field was mainly affected by the victim. In light of this, the above Go-gu horse is a agricultural product cultivated by the victim, and thus, the defendant's above assertion is rejected.]

Application of Statutes

1. Article 329 of the Criminal Act applicable to the facts constituting an offense and Article 329 of the choice of punishment;

1. It is so decided as per Disposition for the reasons under Articles 70(1) and 69(2) of the Criminal Act or above.

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