logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2014.12.11 2014고정930
절도등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From around November 1988, the Defendant owned a “D restaurant” in Daejeon Dong-gu, Daejeon, and the ownership of the said restaurant was transferred to the victim E and F by voluntary auction around November 2012.

On September 24, 2013, at least 08:00, the Defendant intruded into the above restaurant capacity without the consent of the victims, and had the accompanying G to take up 120 pieces of the establishment and maintenance of the headquarters of the victims installed in the garden by using sckes (on September 24, 2013, the amount equivalent to 2.4 million won at the market price), and stolen them on the cargo vehicle.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement of H;

1. An appraisal report, an application for an order to supplement evaluation, a written consent for sale, a reply pursuant to an order to supplement evaluation and decision on permission for sale;

1. Application of each statute on photographs;

1. Relevant Article 319 (1) and Article 329 of the Criminal Act and the choice of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The reason why the establishment and use of the original form of the instant assertion is excluded from the subject of the sale of the instant voluntary auction, and there is a justifiable reason to believe that the Defendant is his own possession of the materials for the establishment and use of the said DNA.

2. Determination

(a)the term "Accessories of mortgaged real property having the effect of mortgage" means accessories as provided for in Article 100 of the Civil Code, and in which case a building has the relationship which would contribute to the commercialization of principal and principal property for the purpose of causing accessories to the principal and shall contribute to the commercialization of principal property;

State property means making the State property to fulfill its economic utility, and even if the State property is being offered for use by its owner or user, it is not an accessory that does not have a direct relation to its own utility;

(See Supreme Court Order 2000Ma3530 dated November 2, 200, etc.).

arrow