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(영문) 춘천지방법원 원주지원 2018.02.09 2017고단1090
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

【Criminal Records of Crimes】 On September 2, 2015, the Defendant was sentenced to imprisonment with prison labor for larceny at the Chuncheon District Court on September 2, 2015, and completed the execution of the sentence at the original prison on March 28, 2016.

[Criminal Facts]

1. On October 1, 2017, at around 22:53, the Defendant: (a) opened a steering door for the E-learning Motor Vehicle, which is the victim’s possession and was parked therein; (b) up to 2.5 million won in cash, which is the victim’s possession; (c) up to 3:50,000 won in cash, which is the victim’s possession; and (d) one lock containing one head of the resident registration certificate.

As a result, the theft was committed.

2. On October 3, 2017, the Defendant: (a) around 21:45, 201, at the front parking lot of “H” operated by the Victim F in G at Won-si; (b) opened a chief door of the I-learning car, which was parked therein, owned by the victim; and (c) took up one set of pet gift gift sets equivalent to 35,000 won at the market price owned by the victim.

As a result, the theft was committed.

3. On October 20, 2017, the Defendant: (a) opened a steering door of a M&A owned by the victim J and opened a smart key in the “L” parking lot located in K at Won-si around 15:40 on October 20, 2017; and (b) opened a smart key in an amount equivalent to KRW 150,000 at the market price owned by the victim himself/herself; and (c) taken the hacker in an amount equivalent to KRW 40,00 at the market price of KRW 150,00 at the market price of the victim.

As a result, the theft was committed.

Summary of Evidence

1. Statement by the defendant in court;

1. W, F, and W Written Statements;

1. Reports on each occurrence of the theft and photographs at each site;

1. Each investigation report (CCTV analysis result);

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (Confirmation during the period of a repeated offense of a defendant) statute;

1. Relevant provisions of the Criminal Act, Articles 329 of the Criminal Act, and the choice of fines for the crime (the following sentencing shall be considered as favorable circumstances in consideration of the amount of punishment):

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 order of provisional payment;

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