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(영문) 대구지방법원 2015.01.21 2014고정2256
절도
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On October 8, 2013, the Defendant: (a) was located in Daegu Dong-gu, Daegu-gu, Daegu-gu; (b) within Section C, the victim D, who was a manager, took advantage of the gaps in the management of the victim D, thereby cutting down one set of cables equivalent to KRW 150,000,000, market price of which was kept in storage in a warehouse.

2. On October 8, 2013, around 06:30, the Defendant: (a) committed a theft by 2 well-known boxes with a total market value equivalent to KRW 10,00,00,00 in front of the Daegu-gu EM market; and (b) took advantage of the gaps in which the victim H’s surveillance was neglected; and (c) subsequently, (d) committed a theft.

3. At around 06:50 on October 8, 2013, the Defendant discovered one bicycle for men, who did not correct the market value of the victim’s non-owned parts within the said G Mart following the said G Mart, and stolen the bicycle by taking advantage of the gaps in which the surrounding surveillance was neglected.

4. On October 8, 2013, at around 18:00, the Defendant: (a) committed theft by putting in front the construction site a brup, which had been put on the ground of the construction site, one string of the market price of the construction site, which had been put on the ground of the 12th floor of the dormitory located at the J University located in Busan Special Self-Governing Province, by taking advantage of the gaps in which surveillance by K, a manager, was neglected; and (b) cutting off the construction site.

5. On October 9, 2013, the Defendant: (a) committed a theft by putting in front one of the tools used in advance, leading, eating, and electric wires, which are sections for construction, located on the floor of the construction site, by taking advantage of the gaps in supervision of K, a manager, within the new site of the first floor of the J University dormitory of the same J University, at the construction site of the same J University.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of D, L, or K;

1. A H statement;

1. Records of seizure, list of seizure, and photographs of damaged articles;

1. Application of Acts and subordinate statutes to a report on investigation (for specified crimes);

1. Article 329 of the Criminal Act and Article 329 of the same Act concerning criminal facts and the choice of fines;

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

1. Articles 70 and 69(2)1 of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

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