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(영문) 제주지방법원 2015.05.15 2015고단20
절도
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On October 28, 2014, at around 09:00, the Defendant stolen a road owned by the State (agriculture) located in Seopopo City C, by ordering the victim E, who is a sanctionr, to take a total of 67 weeks of 3 trees planted for the purpose of covering D development projects on neighboring land.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Each police statement of the F, G, E, and H;

1. Cadastral map and measurement drawing;

1. Application of statutes on field photographs;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Article 329 of the Criminal Act;

1. Detention at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Provisional payment order: The sentencing of Article 334(1) of the Criminal Procedure Act shall be determined as ordered in consideration of all the following circumstances:

The favorable circumstances: The circumstances that may be considered in light of the circumstances such as the fact that there was no previous criminal record, the fact that the land owned by the defendant was immediately adjacent to the road where three trees were planted, the fact that there was an idea to restore the planted three trees in the event of a civil petition by the victim: The fact that the crime of this case was committed without the owner’s permission, and that there was no sufficient time after the crime was committed without the owner’s permission. It is so decided as per Disposition by the assent of all participating Justices.

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