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(영문) 전주지방법원 2015.05.14 2014고단2137

절도

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] On November 20, 2014, the Defendant was sentenced to imprisonment with prison labor and six months at the Jeonju District Court on April 9, 2015 and the said judgment became final and conclusive on April 2015.

【Criminal Facts】

1. On July 22, 2014, from around 14:00 to 15:00 on the same day, the Defendant stolen one of Samsung Hegel 2 smartphones worth KRW 960,00 in the market value of the victim’s ownership by taking advantage of the gaps in which the surveillance of the victim C was neglected, from around 14:0 to around 15:00 on the same day.

2. On July 26, 2014, around 15:52, 2014, the Defendant: (a) in the vecco No. 1 exhibition room 2Aman C-14 (ju), located in the Busan Macco, Busan Macco Co. 1, 2014, the Defendant cut off the victim’s market value equivalent to KRW 1.8 million, the victim’s market value using the gaps in which the surveillance of the victim D was neglected; (b) one EOS camerara, two Maccos and two Macco cards; and (c) one charging machine.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. A written statement of C and D;

1. Report on the arrival of internal organs, report on the number of thief cases and report on the number of internal organs (the result of search of persons), report on internal investigation (the internal photo of a suspect, his/her inner background, photographic photo, suspect, specific, type of damaged articles, register by categories of damaged articles, search site, description and addition, a copy of the indictment, a copy of the ruling of the same kind of power, a copy of the ruling of dispositions and report on the results of search);

1. Einsive photo of the suspect inside the Einsium 5, all of which were projected by the suspect;

1. Previous records before judgment: Criminal history records, probationary records, report on the results of confirmation before disposition, and application of Acts and subordinate statutes to the results of the case search conducted by the Supreme Court B;

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

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

1. Determination as to the defendant and his/her defense counsel’s assertion among concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

1. The gist of the assertion was that the Defendant committed a theft of the instant case.

2. The recognition of guilt in a criminal trial for judgment shall be made.