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(영문) 제주지방법원 2018.11.27 2018고단327
절도
Text

A defendant shall be punished by imprisonment for not more than ten 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

The Defendant, as the towing manager of the “D” pension in Jeju City, did not own the ownership of the pented real property and the movable property, committed with the intent to dispose of the light and landscape owned by the victim E, which is planted therein.

On March 15, 2017, the Defendant: (a) instructed G to sell the cryp trees and crypstones; (b) H and I, through G, purchased cryp trees and crypstones; (c) had H and I, on March 15, 2017, transported 51 cryp trees and 150 crypstones, including cryp trees, in total at KRW 10 million, to another place in the “D” fence located in Jeju, around March 15, 2017.

Summary of Evidence

1. Statement of the defendant in the fifth public trial records;

1. Each legal statement of witness G, H and I;

1. Statement made by the police for E;

1. Written Statement;

1. A copy of each letter, a copy of a receipt, a certificate of seal imprint, and a certificate fully registered;

1. Application of relevant Acts and subordinate statutes to each relevant photograph;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (the fact that the defendant has no record of punishment for the same crime, the fact that he/she recognizes the crime of this case and reflects it, the fact that he/she deposited five million won to recover damage to the victim, and the circumstances leading to the crime, etc.);

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