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(영문) 서울남부지방법원 2015.12.04 2015고단3577

절도

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal power] On April 22, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint property damage, etc.) at the Seoul Central District Court on April 22, 2015, and the prosecutor and the Defendant appealed, but all appeals were dismissed on August 28, 2015, and the said judgment became final and conclusive on September 5, 2015.

【Criminal Facts】

On July 21, 2015, at around 03:03, the Defendant: (a) destroyed the front glass window of the GNeow car, the victim F, who was parked in India prior to the “E” located in Yangcheon-gu Seoul, Yangcheon-gu Seoul, with a view to the brick, and then stolen the Defendant, with a bank of KRW 2.2 million in cash, the victim’s possession, and a bank of KRW 1.50,000 in a market price equivalent to KRW 2.2 million in the market price, which is 1.50,000 won in the market price.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement;

1. Report on occurrence of a theft;

1. A report on investigation;

1. Previous convictions: Application of the Seoul Central District Court Decision 2014Kadan8223 (Seoul Central District Court Decision 2015No1814) and other Acts and subordinate statutes;

1. Article 329 of the Criminal Act and Article 329 of the Criminal Act concerning the crime, the choice of fines;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant was sentenced to three years of imprisonment for a violation of the Punishment of Violences, etc. Act (a collective injury, etc. by deadly weapons, etc.) in the Busan District Court’s Branch Branch on June 26, 2014, and the judgment became final and conclusive on July 4, 2014, and is currently under suspended execution, and is currently under suspended execution. The crime of violation of the Punishment of Violences, etc. Act (joint property damage, etc.) in the judgment around the time when the crime of this case was committed, and instead did not constitute the crime of this case.

However, the fact that the defendant contacted the victim on the day following the crime and returned the stolen goods, the victim does not want the punishment of the defendant, and the elderly and physically handicapped children are disabled.