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(영문) 서울중앙지방법원 2017.11.08 2017고정2974

절도등

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. From around 03:00 to around 04:30 on June 14, 2017, the Defendant: (a) opened a door-to-door car owned by the victim D (46 years of age) at the “C private teaching institute” parking lot located in Dongjak-gu Seoul Metropolitan Government; and (b) stolen the printed parts of the Kakao Stockholm content.

2. On June 14, 2017, at around 10:40, the Defendant: (a) requested a return of the leased lease contract, etc. which was stolen by the victim D (46 tax) at the Defendant’s residence in Dongjak-gu Seoul Metropolitan Government F 103, the Defendant refused to file a report; (b) and (c) reported the victim 112; and (d) the Defendant, upon receipt of the report, asked the police officer in the Daeban District to open the entrance to the victim by asking the victim for a complete completion of the victim’s left-hand side and elblus, etc. of the victim’s 14 days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. 상해 진단서, 폭행 부위 사진촬영, 수사보고( 피해자 D이 쵤 영한 영상분석 및 CD 첨부), 피해자 D의 휴대폰에 저장된 동영상 캡 쳐 법령의 적용

1. Relevant Article 257(1) of the Criminal Act (a) concerning the facts constituting an offense, the choice of punishment, and the choice of fines) Article 257(1) of the Criminal Act, and Article 329 of the Criminal Act (a point of injury, or the selection of fines);

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. Consideration of the fact that the sentencing of Article 334(1) of the Criminal Procedure Act is smoothly agreed with the victim for the reason of the sentencing, etc.