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(영문) 창원지방법원 2018.06.20 2018고정266
절도등
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Records] Defendant A was sentenced to six months of imprisonment for larceny at the Changwon District Court on January 23, 2018, and the judgment became final and conclusive on January 31, 2018.

[2] The crime committed by Defendant A: (a) was a person collecting solid water; (b) was colored to steal the out air conditioner equipment; (c) was cut back in front of the first floor of a multi-household loan located in Kimhae-si F on November 22, 2017, around 16:4, 2017; and (d) was cut off by means of discovering the out air conditioner in front of the victim’s house at the end of the first floor between the victim G (55 years of age, and the house was removed, and then discovered the out air conditioner at the front of the victim’s house at the end of the first floor, which was not corrected to steal it, and then loaded the outside air conditioner at the market price of KRW 300,000,000 in the market price of the victim’s ownership.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of suspect of H with respect to the police;

1. G statements;

1. Each investigation report (with respect to the seizure of damaged articles and solid deposits for business use, analysis and attachment of CCTV images for crime prevention, and attachment of photographs, such as the entrance door outside the victim's residence);

1. Photographs of seized articles;

1. Previous convictions in judgment: Inquiry about criminal history, investigation report (verification of the termination date of the execution of punishment and the latter concurrent relationship), and application of each statute of judgment;

1. Relevant legal provisions of the Criminal Act and Article 319 (1) of the Criminal Act (the point of intrusion upon residence, the selection of fines) concerning the crime, and Article 329 of the Criminal Act (the point of Section 1 and the selection of fines);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. Summary of the assertion

A. At the time, the victim was aware of the fact that the air conditioner, which the victim laid inside and out, was known to be a waste, so there is no intention to larceny.

B. The Defendant had a mental and physical weakness due to hearing impairment.

2. Determination

A. According to the evidence presented prior to the judgment on the thief’s intention, the judgment is delivered.

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