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(영문) 의정부지방법원 2014.04.29 2014고단536
절도
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

Defendant,

1. On October 24, 2013, around 01:30 on October 24, 2013, loading approximately 200 kg of ice lease iron plates equivalent to KRW 500,00,00 in the market price of the above victim C owned by the victim C, which was set up in front of the factory, onto the Defendant’s driver’s cargo.

2. At around 02:45 on November 8, 2013, at the same place as the foregoing paragraph, the victim C, previously in front of the factory, carrying 100 kg of the scrap metal market value equivalent to KRW 2.50,000,00 in the foregoing manner;

3. At around 02:50 on November 8, 2013, the Defendant loaded approximately 30 km of electric wires equivalent to 33,000 won at the market price owned by the above victim E in front of the F factory in the operation of the victim E, which was in front of the F factory in Macheon-si.

Accordingly, the defendant stolen the victims' property three times.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspects concerning G;

1. Each written statement of C, H and E;

1. Application of CCTV photographs, CCTV photographs located in the scene of a crime, CCTV photographs located in the second place in the scene of a crime, photographs parked in front of a suspected vehicle or residence, and the Acts and subordinate statutes on CCTV photographs taken in front of the domicile of the suspect;

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

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;

1. Reasons for sentencing under Article 62-2 of the Probation Criminal Act [the scope of recommending punishment] from April to October, 200, the victims do not want punishment against the defendant in consultation with the victims (special mitigation) in the mitigated area (general larceny).

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