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(영문) 대구지방법원 상주지원 2013.03.26 2013고단53
절도
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[Power of Crime, which is the reason for repeated crime] The Defendant was sentenced to four months from September 1, 201 by imprisonment with prison labor for larceny in the Busan District Court's Branch Branch on September 1, 201, and completed the execution of the sentence at the Incheon Detention House on November 6, 201.

[2013 Madan53] From November 28, 2012 to 02:16 of the same day, the Defendant moved the oil of cargo vehicles parked at the c camping site at the time of permanent residence from around 02:24 to 03:16 of the same day, with an oil tank prepared in advance and an oil tank installed therein, 20 liters truck from 15 tons of E 15 tons owned by the victim D, approximately 70 liters truck from the victim’s 5 tons of gump truck, approximately 50 liters truck from the victim’s hump truck, approximately 30 f.5 tons of light oil from the victim’s J water vehicle owned by the victim, and then put it into the Defendant’s 25 tons of light oil, and put it into the Defendant’s 25 tons of light truck with an oil tank and put it into the Defendant’s 25 tons of fuel.

[2013No. 23:44 on January 16, 2013, the Defendant: (a) committed a theft by dump trucking the oil of the said dump truck by sump truck parking the dump truck on the front side of Pyeongtaek-si; (b) holding a gas tool of the said dump truck and using rubber strings located therein; and (c) placing approximately KRW 270 liters via the market price of the said dump truck, which is the victim’s possession, in the entrance of the said dump truck, the Defendant operated.

Summary of Evidence

[2013 Highest 53]

1. Statement by the defendant in court;

1. Written statements of I, F, and D [2013 Highest 77]

1. Statement by the defendant in court;

1. Written statement (criminal records);

1. Court rulings and application of Acts and subordinate statutes concerning the custody and confinement of individuals;

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

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, Articles 37 (former part), 38 (1) 2 and 50 of the Criminal Act [the punishment against the defendant shall be determined by imprisonment with prison labor for eight months, considering the fact that there are many many kinds of records in the same manner of crimes, the degree of damage, the agreement with the victims, etc.];

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