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(영문) 전주지방법원 정읍지원 2017.04.20 2017고단78
절도
Text

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

Reasons

Punishment of the crime

On February 15, 2017, around 00:50, the Defendant: (a) opened a poter truck owned by the victim D and entered it; (b) 10,000 won in cash owned by the victim who was in custody in the vehicle, 10,000 won in cash, 10,000 won in 10,000 won in 10,000 won in 10,000 won in 10,000 won in 10,000 won in market value.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A protocol of seizure and a list of seizure;

1. Each photograph;

1. Investigation report (the defendant entered the instant cargo, but did not steals cash, etc. inside the vehicle, etc., although he/she went to the instant cargo) (the situation that the victim suffered from the damaged vehicle, attaching a ctv photograph to the caps, the reasons for calculating the amount of damage, and the purport that the vehicle door was locked);

The victim consistently stated that cash inside the vehicle was dead from the time of the 112 declaration, and that the Defendant did not enter the vehicle after checking CCTV images while denying the entry into the instant cargo at the time of emergency arrest.

Although having entered or stolen the instant cargo, it was left because there was no stolen article.

In full view of the fact that the statements, such as statements, are not consistent and that the contents of the statements are lack objective rationality, and that the defendant has been punished several times for the larceny crime of the same kind of law, the application of the law to the law is recognized that the defendant stolen cash, etc. stored in the cargo of this case as stated in the facts charged).

1. The reason for sentencing under Article 329 of the Criminal Act and Article 329 of the Criminal Act for the crime of this case is a relatively small amount of damage to the crime of this case, and thus, the conditions for sentencing favorable to the defendant and the defendant's defense that makes it difficult for the defendant to understand, the fact that the conditions for sentencing favorable to the defendant and the defendant have not been recovered from property damage, and the victim is punished by the defendant.

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