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(영문) 부산지방법원 2016.07.07 2016고정749
절도등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Defendant

A used a warehouse with the victim while carrying out various facility construction business from the beginning of 2014 to the beginning of 8-9 of the same year as the victim C, while carrying his/her tools in the victim's warehouse, but the victim used the warehouse together with the victim. After opening the business with the Defendant, the victim continued to keep the pipe, iron board, etc. kept in the warehouse and kept the keys in the warehouse separately.

A. On June 6, 2015, from around 09:00 to around 10:00, the Defendant invadedd a structure, and opened a steel shed attached to the pole in order to fix the warehouse door by using the cresh that was kept in custody of the victim’s warehouse in Kimhae-si, in order to steals one high-tension washing machine owned by the victim, the Defendant forced him/her to open a steel shed, and intruded on the structure under the victim’s management.

B. The thief Defendant: (a) intruded into a warehouse, which is a structure managed by the victimized person; and (b) stolen one high voltage washing machine worth KRW 500,000 on the market value of the injured person’s possession in the warehouse, by loading one ton of truck, at the same time and place as the preceding paragraph; and (c) stolen it.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the witness C’s statutory statement law

1. Article 329 of the Criminal Act applicable to the crime, Articles 329 and 319 (1) of the Criminal Act, and the selection of fines for the crime;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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