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(영문) 대구지방법원 2019.10.22 2019고단2553
절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 21, 2018, around 23:50 on September 21, 2018, the Defendant: (a) entered the B-gu Daegu Dong-gu and C a mushroom field cultivated by the victim D; (b) recovered from the breath of a small breath of rice, the market price of which is 2 million won, the victim, who was planted therein, was prepared to prepare for the 200,000 won.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. Results of on-site inspections conducted by this court;

1. Application of each statute on photographs;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 329 of the Criminal Act and Article 329 of the Criminal Act regarding criminal facts

1. The Defendant and the defense counsel’s assertion did not collect vegetables from the victim’s vegetable mushroom field, but did not collect vegetables from the victim’s Daegu Dong-gu F and G adjacent to the vegetable mushroom field.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by this Court, it is recognized that the defendant stolen the vegetables from the dry field of the victim.

A. Recognizing that the victim was stolen on several occasions from his own dry field, the victim was waiting for surveillance at a place coming from his own dry field for gathering the vegetable mushrooms at night, and discovered the Defendant’s work and walked the horses while gathering the vegetable mushrooms from his own dry field for monitoring.

As such, the defendant and the feass, the feass of the defendant and the feass of the feassor, left the feassor and feassor, and escaped rapidly.

If the defendant is a legitimate gathering right holder, there is no special reason to avoid the same place or escape from the victim.

B. According to the result of the on-site inspection, the access roads to the Daegu Dong-gu, Daegu-gu, where the victim had a five dry field field, C and the defendant's right to recover are different from the access roads to the roads.

Not only the victim but also the victim.

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