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(영문) 의정부지방법원 고양지원 2014.11.14 2014고정1036
절도등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. From 22:00 to 23:00 on March 27, 201 with the injured party B, the injured Defendant diversed that the injured party was gambling, namely, a one-person Baduk, within the first floor of Goyang-dong C, Goyang-dong, Goyang-dong, Ilyang-dong, C, and one-person Baduk.

In order for the Defendant to lose all of the money possessed by the Victim B, the Defendant saw that he was playing with himself at the end that he returned the money to the Victim B, i.e., “the card is not so used,” “the money returned to him,” and that he returned the money.

The Defendant, as a drinking, abused the victim B’s face, hair, etc. several times, and assaulted the victim B to “I wish to go back to the friend, I want to go back to the friend,” and led the victim B to go up to approximately 21 days.

2. A thief assault under paragraph (1) above, which resulted in a theft of KRW 9 million in cash owned by B in sing room by using the gap between escapes.

3. Around 19:00 to 21:00 on March 27, 2011, the Defendant: (a) received the first four cards using the cards at the first-class D music room in Goyang-dong-dong C, Manyang-si, Manyang-si, and then exchanged the cards on three occasions in order; and (b) then, among the last remaining cards after the final distribution, the Defendant marbling a card with a different pattern or a low number of card in a way that would bring about money received and distributed by a person who has a different pattern or a lower number of card, as KRW 9 million over two hours.

Summary of Evidence

1. Defendant's legal statement;

1. Each suspect interrogation protocol of B and E;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to an investigation report (related to the submission of an injury diagnosis report);

1. Relevant Article 257(1) of the Criminal Act; Article 329 of the Criminal Act; the main text of Article 246(1) of the former Criminal Act (amended by Act No. 11731, Apr. 5, 2013); and the selection of each fine for 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. The Criminal Procedure Act;

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