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(영문) 대전지방법원 2016.08.10 2016고단1545
절도
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant, a person who executes a third party construction work, had been able to steals materials, such as others, at the site where he was requested to do so.

1. On December 4, 2015, the Defendant: (a) carried 225,720 won on the victim D’s market at the second underground parking lot of C 1306, 206, the second underground level; (b) loaded 20 boxes on his/her vehicle and stolen them.

2. On April 22, 2016, around 15:00, the Defendant: (a) loaded 12 straws on his/her own vehicle, which amounting to KRW 156,000, the market price at which the Victim F is kept in E apartment underground parking lots at Sejong-si; and (b) stolen them.

3. On April 23, 2016, around 15:00, the Defendant: (a) loaded 25 straws on his/her own vehicle, which amounting to KRW 325,000, the market price at which the Victim F is kept in E Apartment-si; and (b) stolen them.

4. On April 24, 2016, around 15:00, the Defendant: (a) loaded 25 straws on his/her own vehicle, which amounting to KRW 325,000, the market price at which the Victim F is kept in E Apartment-si; and (b) stolen them.

5. On April 25, 2016, the Defendant: (a) committed a theft by carrying 111 straws on his/her own vehicle, with the floor of strengthening the level equivalent to KRW 7,000,000,000, at the underground parking lots located in the E apartment at Sejong-si, the victim F at the underground parking lots.

6. On May 10, 2016, around 15:00, the Defendant: (a) loaded 13 gamblings on his/her own vehicle, carrying the victim D’s 780,000, at the underground parking lot in the H company site located in Sejong-si; and (b) stolen it.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I, J, and K;

1. A written statement of F and D;

1. Application of Acts and subordinate statutes on site photographs;

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

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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The fact that another person's property has been repeatedly stolen in six times, and the same kind of crimes are inferior.

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