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A defendant shall be punished by imprisonment for not less than eight months.
Two fuel tanks (Evidence No. 2) seized shall be confiscated.
Reasons
Punishment of the crime
1. From January 30, 2016 to around 20:37 of the same day, the Defendant: (a) 21:2 of the same day, at the warehouse located behind the house of the victim D in Echeon-si, Leecheon-si; (b) intruded the locks of the entrance of the warehouse, which was locked into the warehouse, into the non-freshed tool, and invaded into the warehouse; and (c) 25 kmgs, which contain a 4 million won change of the market value being kept in the storage, with 100,000 won of plastics; and (d) stolen them.
2. On January 30, 2016, the Defendant: (a) was able to detect 65 tons of freight vehicles parked by the victim E from a middle-speed expressway 311-7, at the seat of Leecheon-si on January 30, 2016, at the bottom of the middle-speed highway 311-7.
Defendant 1: (a) opened the above cargo vehicle fuel package box and transferred it to the oil tank held by the Defendant through plastic pipes, and (b) stolen the above cargo vehicle fuel container with the transit of the market price of 157,500 litress at 150 litress.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Each statement of E and D;
1. A photo at the site of a bed warehouse;
1. Application of Acts and subordinate statutes to investigation reports (to ensure modern marine insurance personnel and telephone communications with any suspected vehicle);
1. Relevant legal provisions of the Criminal Act and Articles 331(1), 330 of the Criminal Act (special larceny) and Article 329 of the Criminal Act (a point of intention and a choice of imprisonment with prison labor) concerning criminal facts;
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 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):
1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of recommendations] - [the scope of punishment ] 4 types of theft against general property (in the event that a person subject to special mitigation] intrudes into a place other than an indoor residential space (type 4), the defendant has been subject to punishment for the same kind of crime in the past, and the defendant has been sentenced to punishment for the same kind of crime. The defendant is punished by imprisonment with prison labor at the Government District Court on December 21, 2015.