logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 대구지방법원 의성지원 2019.07.04 2019고단97
특수절도
Text

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

Reasons

Punishment of the crime

On January 25, 2018, the Defendant sentenced Cheongju District Court to one year and two months for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the sentence on February 12, 2019.

1. On April 12, 2019, at around 23:30 on April 12, 2019, the Defendant discovered Chapter 85 of the current market value of the victim E, who was the victim’s possession, and loaded at the D construction site located in Jcheon-gun C, Jcheon-gun, Jin-gun, and discovered Chapter 1,70,000, and loaded the F seal and loaded it into the cargo vehicle together with “B.”

Accordingly, the Defendant, together with “B”, stolen the property owned by the victim.

2. On April 15, 2019, the Defendant discovered construction materials equivalent to KRW 1,590,000, total of KRW 1,590,000 (5kw) of the market value of KRW 352,00,00 at the H construction site located in Cheongbuk-gun G, Cheongbuk-gun, the Defendant, along with “B” on April 15, 2019, and loaded F-wing and loaded them into the cargo vehicle in the amount of KRW 938,00,000, the victim’s market value of KRW 352,00,000.

Accordingly, the Defendant, together with “B”, stolen the property owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to I, E, and J;

1. A written statement prepared in I and E;

1. A criminal investigation report, photographs of the damaged site, and on-site photographs;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, investigation reports, judgment, etc.;

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

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

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

1. The sentencing factors indicated in the pleadings of the instant case, including the following circumstances for discretionary mitigation of punishment under Articles 53 and 55(1)3 of the Criminal Act and other factors such as Defendant’s age, environment, character and conduct, motive and conduct of crime, means and consequence of crime, etc., shall be determined in full view of the sentencing factors indicated in the arguments of the instant case.

The favorable circumstances: The defendant's mistake is recognized, divided, and the scale of damage is 3.29 million won.

arrow