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(영문) 대구지방법원 2017.11.28 2017고단4718
절도등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Larceny;

A. On July 7, 2017, around 02:30, the Defendant discovered a 41 ton vehicle of the C white 1 ton of the victim B in front of the Daegu Northern-gu, Daegu Northern-ro, 41:17, on the road, and started a locking door by placing the locking device in the window crepan by inserting the string string of the string line, and 4 LGbe on the market price of the victim B, who was on the front of the city, owned by the victim B, with a smartphone, a tape for packaging, a sound tape (A) and a theft.

B. At the time, at the time, at the time, and at the place specified in the above paragraph A, the Defendant discovered 1 ton of E blue trucks owned by the victim D and opened a locked door by placing the locking system in the cresh of windows by placing the locking strings in advance, and 2,300 won of cash owned by the victim D at the same place.

2. The Defendant failed to larceny at the time and place described in the above 1.1. At the time and place, and in order to detect G cargo vehicles owned by the victim F and steals property, the Defendant was informed of the police officer sent out, who was reported to enter the lock through the method of cutting the locks by placing the locks in the window cresh, and was not exposed to such intent.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Each statement of D and F;

1. Application of the statutes on seizure records and the list of seizure lists;

1. Relevant Article 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, and the choice of imprisonment for a 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 62 (1) of the Criminal Act on the suspended execution;

1. Under the grounds for sentencing under Article 48(1) of the Criminal Act, various kinds of sentencing shown in the records and arguments of this case, such as the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.

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