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(영문) 대전지방법원 2017.01.18 2016고단3317
절도
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant leased the first floor of the building located in Seo-gu, Seo-gu, D, and 1 (hereinafter “instant building”) and operated the said building, and the victim F and the victim G are the owners of the said building.

The victims did not pay rent for about two years to the lessee, and on December 24, 2014, the Daejeon District Court’s enforcement officer attached 63 of the movable property, such as Sable block (hereinafter “the instant movable property”) on December 24, 2014, on the following grounds: (a) on June 17, 2015, the victims were awarded a bid for the instant movable property at KRW 14,350,000 in total.

On July 2015, the Defendant stolen the instant movable property owned by the victims from the said E E-lic shop.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. A report on seizure of tangible movables;

1. Public announcement of sale of corporeal movables;

1. Certificate of extradition;

1. Investigation report (to attach photographs of the fire site of the E iron and logs to the site);

1. On-site identification, reports and field photographs (only 11 items among the 14,350,000 won of the corporeal movable in this case where the Defendant demanded the victim to move the corporeal movable, and brought about only 11 items among the corporeal movable in this case. Thus, there was no criminal intent of theft. The remaining 52 items were destroyed by fire, and they were not stolen by themselves. However, according to the above evidence, the date of fire in this case was June 3, 2015, while the date of sale of the corporeal movable in this case was June 17, 2015, the date of sale of the corporeal movable in this case was recognized as the date of delivery to the victims who purchased the corporeal movable in this case. It is recognized that the Daejeon District Court enforcement officer had delivered the corporeal movable movable in this case to the victims who purchased the corporeal movable movable in this case, and that the victims would bring the goods awarded a successful bid in the amount of KRW 14,350,000, the

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

1. Article 62(1) of the Criminal Act:

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