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(영문) 서울중앙지방법원 2013.12.20 2012고정5801

절도

Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On October 31, 2012, the Defendant was sentenced to two years of imprisonment with prison labor for fraud, etc. at the Seoul Southern District Court, and the judgment became final and conclusive on November 8, 2012.

On May 7, 2012, around 01:45, the Defendant: (a) placed a cell phone with a 90,000 won or more at the market price owned by the victim E, who was locked by the victim E, and laid on his head; and (b) stolen it.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes to each police statement made to E and F;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning criminal facts;

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

1. The latter part of Article 39(1) of the Exemption of Punishment Act (the crime of this case was committed before and after the judgment, and it was possible to be tried concurrently with the previous conviction, taking into account various circumstances, such as the facts constituting the crime of this case and the sentence, the date of the crime of this case, and the degree of the crime);