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(영문) 창원지방법원 2017.09.07 2017고합163
절도등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. A thief: (a) on April 6, 2017, the Defendant discovered one stief vehicle in F, F, the market price of which is equivalent to KRW 2 million owned by the victim E, who was parked on the f, a road f, a road of a gas station in D, around Kimhae-si, around 05:35 on April 6, 201; and (b) deducted the stief of the said vehicle

In addition, the said vehicle was stolen by means of moving the damaged vehicle to the deaf-gu in which he/she resides by using his/her own motor vehicle for the purpose of using it with his/her own track wheels.

2. On April 8, 2017, the Defendant: (a) around 21:00 at Kimhae-si G, the Defendant separated four strings attached to a stolen vehicle, as set forth in paragraph 1, from the front math of the farming gate, which is one’s own residence; (b) one strings in the string line; and (c) one strings in the string line; and (d) carried the said vehicle onto the vehicle’s seat with the front seat in order to destroy evidence; and (c) carried the vehicle into the entire vehicle by attaching a newspaper with a string in order to destroy evidence.

Accordingly, the Defendant destroyed the fire by putting all one vehicle equivalent to 2 million won of the market price owned by the victim E.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the occurrence of a fire, a report on internal investigation (on-site inspection, etc.), a report on internal investigation (the confirmation of a damaged vehicle and a victim), a report on internal investigation (the verification of CCTV of a D gas station), a report on internal investigation (Attachment of a photograph of a damaged vehicle), a report on investigation (Attachment of a photograph of a seized vehicle), and a report on investigation (Attachment of a CCTV photograph of a suspect) (Attachment to a CCTV

1. A protocol of seizure and a list of seizure;

1. Application of reports on results of field identification, and statutes on site photographs;

1. Relevant provisions of the Criminal Act and Article 166 (1) (the occupation of general buildings and fire prevention) of the Criminal Act concerning the facts constituting an offense, and Article 329 of the Criminal Act (the occupation of section and the choice of imprisonment, etc.);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the aggravated punishment shall be within the scope of adding up the long-term punishment for each of the above crimes, as provided for in the general buildings and fire-prevention of which punishment is more severe);

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (the following grounds for sentencing) are as follows.

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