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(영문) 대구지방법원 김천지원 2017.01.10 2016고정638
절도
Text

Defendant shall be punished by a fine of KRW 800,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On September 4, 2016, around 06:35, the Defendant stolen the Defendant’s loading of approximately KRW 100 km of waste materials, such as 30,000,00 won at the victim’s waste storage place in the Gu-si, 1 Corporation, and 6:06,00,000, at the victim’s waste storage place, the victim’s market value, which is the victim’s possession in the storage place, on the part of the Defendant’s Cpoter 3 chemical rental.

2. On September 6, 2016, around 06:30 on September 6, 2016, the Defendant stolen waste materials worth KRW 30,000,000 at the victim’s waste storage place, using the aforementioned methods: (a) the victim’s market price; and (b) the PCB stuffs.

3. On September 8, 2016, around 05:30 on September 8, 2016, the Defendant stolen waste materials worth KRW 30,000,000 at the victim’s waste storage place, using the aforementioned methods, at the victim’s market price.

4. On September 9, 2016, around 06:12, 2016, the Defendant: (a) stolen waste materials at the victim’s waste storage site; (b) in such a manner as above, approximately KRW 30,00 square meters of the market value of the victim’s possession, with approximately KRW 100 km of waste materials, such as the provision of PCB stuff

5. On September 11, 2016, around 06:30 on September 11, 2016, the Defendant stolen waste materials worth KRW 30,00,000 at the victim’s waste storage place, including the provision of ICT materials and PCB stuffs equivalent to KRW 100,00,000 at the victim’s market price.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Investigative report to the prosecution (specific thief products, quantity of damaged products, and calculation report of the amount);

1. Police investigation report (specific relation to the date and time of crime);

1. A report on internal investigation by the police (specific date and time of damage, reasons for entry, attachment of photographs, etc.);

1. Application of statutes, such as details of calculation of damage and details of theft;

1. Relevant Article 329 of the Criminal Act and the choice of fines for criminal facts;

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. The defendant's reasons for sentencing under Article 334 (1) of the Criminal Procedure Act.

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