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(영문) 전주지방법원 2016.04.01 2015고정857
절도
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On July 15, 2015, the Defendant was sentenced to a suspended sentence of one year in June due to the charge of forging evidence at the Jeonju District Court, and the judgment became final and conclusive on July 23, 2015.

On May 6, 2015, the Defendant stolen property worth KRW 138,000 in total over 13 times, as shown in the list of crimes in attached Form D, including that the Defendant had one bicycle with a locker amounting to KRW 20,000 in the market price owned by the victim D, which was not equipped with locker at the same time, located adjacent to the 6th unit of the Yansan-gu Seoul Metropolitan City, Jeonju-si, Seoul, and that was located adjacent to the 6th unit of the bicycle storage.

Summary of Evidence

1. A legal statement that corresponds to the defendant's crime Nos. 2 and 13 annexed to the defendant's crime and a partial statement to the effect that he/she has a bicycle set forth in annexed crimes Nos. 1, 3 through 12;

1. Legal statement of witness E;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to F;

1. Written statements of D and G;

1. Records of seizure, lists of seizure and photographs of seized articles;

1. Each investigation report (C apartment 6, 9 bicycle storage facilities, C apartment 7, 10 bicycle storage facilities, CCTV investigation into C apartment 10, C apartment 10, CCTV investigation into the same side, C apartment 5-6 5-6 Rale CCTV investigation) and images of accompanying photographs;

1. Detailed statement of transactions;

1. Before judgment: Entry of the defendant's statement in the second trial records, investigation report (verification of the results of judgment, such as the absence of a suspect), and text of judgment (former District Court 2015 order 592) shall apply to statutes;

1. Relevant Article of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting a crime;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) (limited to the crimes of forging evidence, forging evidence, using false evidence, false accusation, forging private documents, and fraud of document under investigation, each of the crimes in the judgment and judgment become final and conclusive);

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. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the claim is the bicycle brought by the defendant.

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