(영문) 대전지방법원 천안지원 2018.06.15 2017고단2758

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(영문) 대전지방법원 천안지원 2018.06.15 2017고단2758

절도

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

While the Defendant was working for a farming company at the dry field of the victim C, a middle school dong located in Asan-si, Asan-si, the Defendant: (a) committed a theft of H beam 3,120km, which was kept in the above dry field to build a house; (b) on May 16, 2017, at around 12:00, the Defendant: (c) filed a request with D, who is well aware of the fact that he did not have the right to dispose of the above H beam, to sell and request D to sell the above H beam beam; and (d) subsequently, D, around 13:00 on the same day, transported the above H beam to F located in Seo-gu, Seocheon-gu, Seocheon-gu, Incheon-gu, and sold it to KRW 717,600.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. Statement made by the police against C;

1. Characteric message photographs;

1. Account transactions;

1. Report of investigation (Application of Acts and subordinate statutes to the F business G counterpart investigation);

1. Relevant Article 329 of the Criminal Act, Articles 329 and 34 (1) of the Criminal Act and the choice of imprisonment for a crime;

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 include: (a) the nature of the crime in this case; (b) the accused and the injured; (c) the accused denies the instant crime at the investigation stage; and (d) the accused did not have any circumstances after the crime; (d) the accused did not recover from damage; and (e) the accused did not receive any remedy from the injured party; (d) the Defendant led to confession and reflect in this court; (e) the amount of damage in this case was not significant; and (e) the Defendant did not have any record of punishment for the same crime in this case other than around 207, 1984; and (e) other circumstances revealed in the records and arguments of this case, including the fact that there was no record of punishment for the same crime in this case.

참조조문

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