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(영문) 창원지방법원 거창지원 2018.04.13 2018고단50
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 30, 2017, the Defendant: (a) found a DNA dump truck owned by the victim C at a parking lot located in the front of the 39-36-dong, Gyeongnam-gun, Gyeongnam-gun, around October 30, 2017; (b) found the dump truck in the front of the dump truck parked located therein; (c) found the 170,000 won at the market price by hand a fuel tank cover of the 170,000 won of the vehicle’s fuel tank; and (d) put the ice prepared in advance into the fuel tank and brought about approximately 100 liters at the market price by promptly mooring it.

Accordingly, the defendant damaged the victim's property and stolen the property.

2. On February 12, 2018, the Defendant: (a) around February 12, 2018, from around 00:33 to around 01:10 on the same day, put approximately 70 grams via an oil tank in the oil tank; (b) around 170,000 square meters at the market price from the Hump truck owned by the victim G parked in the same manner as referred to in paragraph (1) above; (c) put approximately 70,000 litres from the oil tank owned by the victim I, which is equivalent to KRW 170,000 at the market price, into the oil tank; and (d) put approximately 70,000 litres from the Jump truck owned by the victim I, which is equivalent to KRW 91,00 at the market price, in the oil tank with approximately KRW 70,00 at the market price of KRW 170,00,00,00 from the oil tank owned by the victim and brought about the fuel tank equivalent to the market price of KRW 10.

Accordingly, the defendant damaged the victims' property and stolen the property from the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Each statement prepared G, I,K, and C;

1. Original Register of Automobile Registration;

1. On-site photographs;

1. Application of Acts and subordinate statutes to a investigative report (to attach CDs in whichCCTV and black stuffs are recorded);

1. Relevant provisions of the Criminal Act, Article 366 of the Criminal Act, Article 329 of the Criminal Act, and the choice of punishment for the crime, Article 329 of the Criminal Act, and the choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1.Article 62(1) of the Criminal Code of the Suspension of Execution (hereinafter referred to as the following):

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