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(영문) 인천지방법원 2013.08.29 2013고단3905

절도

Text

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

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

[Criminal Justice] On September 26, 2012, the Defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution for larceny at the Incheon District Court on September 26, 2012, and the judgment became final and conclusive on October 5, 2012 and is still under suspended execution.

【Criminal Facts】

1. While the Defendant was an employee of the singing room in Seo-gu Incheon, and was cleaning two times at the singing room around 00:00 on May 22, 2013, the Defendant: (a) had a victim E, who is a customer, and discovered one cell phone with the market value of KRW 970,000 between them; and (b) had been placed in the singing room and stolen.

2. On June 28, 2013, around 05:25, the Defendant: (a) discovered that the victim H, who was a customer, was locked in front of the G deathna shop located in Seo-gu Incheon, Seo-gu, Incheon; and (b) stolen with one cellular phone equivalent to KRW 9.80,000 at the market price, which was placed on the side of his head.

3. On June 28, 2013, around 05:30 on June 28, 2013, the Defendant: (a) discovered that the victim I, a customer, was locked at the place specified in paragraph (2); and (b) stolen a theft with one cellular phone equivalent to KRW 800,000 at the market price where the victim, a customer, was placed on his/her head.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement to E and J;

1. Each statement;

1. Each communications data;

1. Each photograph;

1. Each report on investigation;

1. Previous convictions in judgment: Criminal records, investigation reports, and application of a copy of judgment;

1. Relevant legal provisions on criminal facts: Article 329 of the Criminal Act (Article 329 of the Criminal Act shall apply to all circumstances, including: Although the crime was committed during the period of suspension of execution, it is agreed upon by both victims, two of the above telephone periods are returned to each victim, the degree of damage, the defendant's age is relatively high, the defendant's depth reflects on the defendant, and the defendant was tried in custody)

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

1. Detention at a workhouse: Articles 70 and 69 (2) of the Criminal Act;

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