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(영문) 울산지방법원 2012.09.27 2012고정505
절도
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant was a person who operated a entertainment establishment called C.

At around 11:00 on November 10, 201, the Defendant stolen a total of KRW 19,930,000, including computers, household appliances, office fixtures, etc. at the place of the Defendant’s office using a crepan in which the victim did not pay 3 million won or less, and on the ground that the victim did not pay 3 million won or less of 41 years old, the Defendant took off a vehicle at the Recycling Center, with a total of KRW 1,930,000,000, such as computers, household appliances, office fixtures, etc. at the place of the Defendant’s vehicle.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the examination of partial police officers of the accused;

1. Protocol of partial police statements of E;

1. Application of Acts and subordinate statutes to a report on investigation;

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

1. Penalty of one million won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (50,000 won per day);

1. Determination as to the assertion of the Defendant and the defense counsel under Article 59(1) of the Criminal Act (see, e.g., the circumstances of the case, the investigation of the police, the immediately returned goods after the investigation, and immediately returned them, and the victim did not want the punishment of the Defendant, and the victim did not have the same criminal record)

1. The defendant and his defense counsel asserted to the effect that the previous victim of this case was able to fully pay the drinking value by November 8, 201, and that if he did not pay the drinking value up to that time, he would bring about the office skill.

The above victim's understanding or consent should be taken at the time of being taken. According to macroscopic evidence, the victim delayed the payment of KRW 5 million out of the drinking value between around December 201 and January 201 of the operation of the defendant, while paying KRW 2 million around October 201, the victim did not pay the remainder of KRW 3 million, and the defendant urged the payment of the amount until November 8, 201.

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