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(영문) 부산지방법원 2013.09.12 2013고정2169

절도교사등

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. At around 16:00 on March 16, 2012, the Defendant: (a) expressed that D (15 years of age) that D (i) was aware of a game in the “Clock bank” located in the Busan Western-gu, Busan (hereinafter “Clock bank”) would sell precious metal at D’s house with a defect that the said D would sell it; (b) thereby, D would have stolen an article.

Accordingly, D, around 16:00 on March 17, 2012, with the market price of 18K C, which was kept in the house cremation room of the victim E, located in Busan, the victim E, who was in custody of the house cremation room of the victim E, was stolen with 18 K K-K (3.5 money and the market price of 1,000,000 won) half of 18K (the market price of 1,000 won).

Accordingly, the defendant instigated the thief to the above D.

2. Acquisition of stolen property:

A. On March 17, 2012, the Defendant acquired stolen goods from the stairs at the entrance of the “Cpcpock bank” located in the Busan Seo-gu, Busan, around 17:00 on March 17, 2012, with knowledge of the fact that the Defendant was the stolen goods, KRW 18K Time Limit, and KRW 18K Limit, which were the stolen goods.

B. On March 25, 2012, around March 25, 2012, the Defendant acquired stolen metal worth KRW 18K 500,000,000,000, which was stolen by D at the same place as Paragraph 2(a) of Article 2, with knowledge of the fact that: (a) the Defendant knowingly acquired precious metal worth KRW 18K 18K worth KRW 1,000,000 (1.5 money, multimond type), and KRW 5,00,000,000, KRW 18K 1,000,000,000.

Summary of Evidence

1. Each police interrogation protocol against the accused;

1. Application of Acts and subordinate statutes to police statements made to D, E, F, and G;

1. Relevant legal provisions concerning criminal facts, Articles 329 and 31(1) of the Criminal Act that choose a punishment, Article 362(1) of the Criminal Act (a point of a thief) and the choice of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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