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(영문) 청주지방법원 2020.08.27 2020고단879
절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. At around 01:15, Feb. 25, 2020, the Defendant: (a) discovered and opened a driver’s seat car owned by the victim C, which was parked in, and opened a door to, a car located in, the victim C; and (b) stolen, with eight (8) tobacco equivalent to KRW 36,00 in the market value owned by the victim, which was located in the back seat.

2. At around 01:19 on the same day, the Defendant: (a) had a duty of care to prevent the destruction of cigarette butts at a safe place, such as the distance from the complete string of the cigarette smoke, while smoking tobacco at the 1st floor of a neighborhood living facility, which is constructed by the victim E located in Heung-gu, Chungcheongnam-gu; (b) the victim’s new building (the steel reinforced concrete slab roof, the third floor above the ground, and the total floor area of 396 square meters). However, the Defendant: (c) had a duty of care to prevent the destruction of cigarette but the Defendant had a string of tobacco but has a duty of care to stop the fire at the safe place, such as the distance from the string of the cigarette smoke completely string; (d) the remaining flue tobacco remaining in tobacco at that time, had it moved it to the said tent and building materials, etc.; and (e) had

The Defendant, by gross negligence, destroyed the construction materials such as a 115 square meters of the wall surface of the building owned by the victim, such as a cutting machine, a bridge, etc., so that the repair cost equivalent to KRW 20,630,00,000, such as the cost of re-heating the heat of the first floor.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E and C;

1. On-site inspection reports and a fire site inspection report;

1. Written estimate;

1. Application of statutes on site photographs;

1. Relevant provisions of the Criminal Act and Article 329 of the Criminal Act, Articles 171, 170 (1), and 166 (1) of the Criminal Act (the point of neutrality and the choice of imprisonment without prison labor) concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is not good, but the defendant is each of the crimes of this case.

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