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(영문) 춘천지방법원 2016.06.23 2015고단932
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 became final and conclusive.

Reasons

Punishment of the crime

[2015 Highest 932] The Defendant is a person who operates a secondhand prize of the trade name “E” located in Gangnam-gu Seoul Metropolitan Government D.

On November 2014, the Defendant: (a) at the victim’s house located in B of Gangseo-gu, Yangwon-gun-gun, the Defendant: (b) laid down the key of the locker in order to confirm the operation of the locker upon request from the F to sell a total of KRW 1,1950,000,000, the market price of one 5.4 tons of clicker (G) and its accessories (three clicks, etc.); and (c) laid down the clicker and its accessories on the truck.

[2015 order 1107] On July 4, 2015, the Defendant, at around 08:10 on July 4, 2015, stolen construction materials worth KRW 7.5 million in total, including 30,000, total market value of 40,000,000,000 from the victim JJ owned by the Defendant, by carrying them into the Defendant’s cargo.

Summary of Evidence

[2015 Highest 932]

1. Statement by the defendant in court;

1. Each police statement made to F and K;

1. A copy of construction machinery registration certificate (2015 Height 1107);

1. Statement by the defendant in court;

1. Each police statement made against J or L;

1. Application of Acts and subordinate statutes to photographs of damaged articles;

1. Article 329 of the Criminal Act concerning the facts constituting an offense;

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. The scope of the final sentence due to the aggravation of execution of Article 62(1) of the Criminal Act: The first crime [the scope of recommendations] for the sentencing of Article 62(1) of the Act on the Suspension of Execution, taking into account the following factors, the age, character, environment, etc. of the defendant as a whole, and other favorable factors: The confession and reflectness of the defendant, the defendant's full compensation for damage to the victims, and the victim's full compensation for damage to the victims is any more.

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