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(영문) 대구지방법원 김천지원 2017.03.29 2016고단1493
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 became final and conclusive.

Reasons

Punishment of the crime

On January 7, 2016, the Defendant: (a) opened a closed door of the victim D’s E- which was parked in the Gu-U.S., Si-S., and cut off with two punishments on the market price of KRW 800,000,00 in the back seat; (b) around that time, the Defendant: (c) cut off the victim, holding a door of the victim D’s E- which was parked in the Gu-U.S.; and (d) holding two punishments on the market price of the U.S., at the back seat.

7.2. According to the records on the list of crimes in the annexed list of crimes up to the around the day of the judgment, each entry in the column of damage column No. 1 in the annexed list of crimes is obvious that it is a clerical error, and even if it is corrected without any changes in the indictment, it does not seem that it would substantially obstruct the defendant's exercise of his/her right of defense. Accordingly, it is corrected ex officio.

(B) On the other hand, “1,00,000 won” in the No. 1 column of the No. 1 in the list of crimes in the annex No. 1 was stolen by “the total amount of KRW 16,95,000,000 in total,” and “the total amount of KRW 16,795,000 in total” in the column of the total amount of damages as “the total amount of KRW 16,795,000 in total,” 19 times in total, including “the total amount of KRW 16,795,00 in total.”

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, and H;

1. Each statement of H, D, I, J, and K;

1. Each protocol of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to an investigation report (around residence, confirmation of illegality of residence, attachment of seized articles, attachment of photographs to the victim's statement, attachment of the victim's cash withdrawal, accompanying of the victim's cash withdrawal page, attachment of gold franchising, attachment of gold franchis to the details approved by the suspect in LPC room, M 501, attachment of the victim's photograph, attachment of a letter of confirmation of reissuance of the victim's I passbook, attachment of a document of confirmation of re-issuance of the victim's I passbook, attachment of seized articles to the victim's photograph, attachment of a franchis photo owned by the victim's G, attachment of a photograph of the victim'

1. Article 329 of the Criminal Act applicable to the crimes;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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