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(영문) 서울남부지방법원 2016.07.13 2016고정555

절도미수

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

On February 18, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for the crime of destroying property, etc. in the Suwon District Court Pyeongtaek District Court on February 29, 2016, and the judgment was finalized on February 29, 2016.

On July 5, 2015, at around 14:50, the Defendant: (a) arrested a police officer who was dispatched with a report on a bicycle lock using a hacksaw (31cm in length) that was in possession of the victim B (the victim, 55 years of age, son) who was in the front of the department store “spacker department store,” and was in possession of one bicycle at the market price of the victim B (the victim, 55 years of age, son).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement with respect to B;

1. A photograph of a damaged bicycle, CCTV extractor, and a photograph of seized articles;

1. Previous convictions: Inquiries of case summary information and the application of the text of judgment (the horizontal Housing Site District Court 2016 order 60) Acts and subordinate statutes;

1. Article 342 of the Criminal Act and Articles 342 and 329 of the Criminal Act and the selection of fines concerning the crime;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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