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(영문) 인천지방법원 2018.05.17 2018고정76

절도등

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. From November 5, 2017, around 20:30 on November 5, 2017, the Defendant cut off one cell phone (S7 dud, S7 dud) equivalent to the market price of KRW 400,000,00 which was set on the front side of the female toilets of the 1st floor of Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, Incheon.

2. On November 5, 2017, at around 20:52, the Defendant: (a) stolen a mobile phone owned by the victim D (20 years old, female) from the street of the F Bank G located in Yeonsu-gu Incheon Metropolitan City, and returned the mobile phone to the concealed victim, as referred to in paragraph (1) above; (b) the victim requested the police to take an apology on the act of theft; (c) the victim failed to comply with the request, thereby reducing the cell phone owned by the victim from the cell phone owned by the victim to make a report on the police; and (d) thereby, the Defendant damaged the property that 19,000 won of the repair cost.

Summary of Evidence

1. Partial statement of the defendant (the second public trial date);

1. Legal statement of the witness D;

1. Application of the Act and subordinate statutes to a report on investigation (to submit a mobile phone quotation damaged by a victim), a report on investigation (Gctv video security);

1. Relevant Article 329 of the Criminal Act, Article 366 of the Criminal Act, and selection of fines for the 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. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;