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(영문) 전주지방법원 남원지원 2013.04.23 2013고단19
절도
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 25, 2012, around 04:30 on March 25, 2012, the Defendant: (a) stolen the 30m of the market value of the 150,000 won, which was loaded on the victim’s seated 1 ton of the F.1 ton of the truck owned by the victim at the site of the Victim C’s business site located in Namwon-si, Namwon-si; and (b) loaded 1.50,000 m of the

2. On August 1, 2012, at around 02:15, the Defendant: (a) stolen the Defendant’s 100 meters away from the market value of the 300,000 won adjacent to the 1st ton of the J 1 ton of the cargo owned by the victim I, which was parked in front of the H Hawon-si, Namwon-si.

3. At around 01:40 on January 14, 2013, at the same place as Paragraph (1) of this Article, the Defendant: (a) cut off a cable totaling of KRW 3,40,00,00 in the market value, such as three set lines of copper work lines (30 meters per unit) and four set lines of melting lines (20 meters per unit), which were parked in the same place as Paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written statement in C and I;

1. Application of investigation reports (related to the raising of the damaged goods and the suspect), investigation reports (limited to cases of attaching CCTV data at H points) and Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the crime;

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

1. Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Act on the Suspension of Execution (the fact that a person commits a theft of goods in the loading of cargo and whose extent of infringement of possession is somewhat weak; the amount of damage is not a large amount; the amount of damage is deposited in the amount equivalent to the amount of damage for the victims; the defendant committed the crime in this case; there is no past record of punishment exceeding the suspended execution; and there is no past record of criminal punishment until

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Liability of compensation under Article 32(1)3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for Dismissal of Application for Compensation;

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