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(영문) 대구지방법원 2018.08.14 2017고단3756

절도

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 24, 2017, the Defendant, at the center of Daegu Northern-gu, Daegu, 15:30 on June 24, 2017, 15:43, the Defendant, using the gap in the management of store employees, stolen one of the Defendant’s cell 14,900 won of the market price owned by the victim, which was displayed at the Cop of the first floor household goods underground, using the gap in the management of store employees, with a copy of the piracy amounting to KRW 14,900, 14,900 of the market price of the victim’s possession.

"2017 Highest 4462"

1. On June 30, 2017, around 09:50, the Defendant: (a) placed in front of the “E” restaurant operated by the victim D in Daegu-gu, Daegu-gu; (b) placed the victim in front of the “E” restaurant; (c) placed the victim’s market value of approximately KRW 50,000 on the hand, which was prepared in advance, and stolen the victim’s loss.

2. On July 2017, the Defendant: (a) placed the victim G management “H” restaurant operated in Daegu-gu, Daegu-gu, Seoul-gu, on the front side of the “H” restaurant; (b) placed the victim’s market value at that place on the hand, which was prepared for approximately KRW 100,000,000, and stolen it.

Summary of Evidence

"2017 Highest 3756"

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. A protocol of seizure and a list of seizure;

1. Domination report (Attachment of a photograph of damaged material), investigation report (Attachment of CCTV’s criminal photograph) 2017 Mad 4462;

1. Statement by the defendant in court;

1. Statement made to D or G by the police;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to the investigation report (as to the unfacing of damaged articles), investigation report (as to the amount of larceny damage), investigation report (as to the statement of Jar Harar Haar H), investigation report (as to the amount of larceny damage)

1. Relevant Article 329 of the Criminal Act and the choice of fines for criminal facts;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is the crime during the period of probation for the same crime and the defendant has already been punished by a fine on one occasion.