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(영문) 의정부지방법원 2015.12.08 2015고단3795
절도
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal power] On December 17, 2014, the Defendant was sentenced to a suspended sentence of ten months by imprisonment with prison labor for larceny, etc. at a district court of the Republic of Korea on December 17, 2014, and the said judgment becomes final and conclusive on December 25, 2014 and is currently under suspended sentence.

【Criminal Facts】

On January 19, 2015, the Defendant stolen 100,000 won cashier’s checks owned by the victim in the same manner at the same place as above at around 22:25, the Defendant: (a) stolen 100,000 won cashier’s checks owned by the victim in the same manner at around 22:00 of the same month; (b) stolen 10,000 won cashier’s checks owned by the victim at the same place as above at around 22:30 of the same month; and (c) stolen 10,000 won cashier’s checks owned by the victim at the same place as above at around 22:200 of the same month; and (d) stolen 10,000 won cashier’s checks owned by the victim at the same place as above at around 23:21:30 of the same month.

Accordingly, the defendant stolen ten 100,000 won cashier's checks in total from the victim four times.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of victim's written statement in DNA preparation;

1. Notification of current status and data of financial transactions;

1. Previous convictions indicated in judgment: Application of criminal history records, inquiry reports (a), investigation reports (verification of the same criminal records as a suspect, and fact-finding of the period of suspension of execution);

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

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In light of the fact that the Defendant committed the instant crime, even though he/she had been sentenced several times of punishment due to the same kind of crime under Article 334(1) of the Criminal Procedure Act, and there has been no time to commit the instant crime.

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