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(영문) 창원지방법원 통영지원 2017.05.23 2017고단380
절도등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On May 13, 2015, the Defendant was sentenced to a suspended sentence of three years of imprisonment for a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) and for larceny in the Changwon District Court’s territorial support on May 13, 2015, and the judgment became final and conclusive on May 21, 2015, and is currently under the suspended sentence.

1. On October 5, 2016, the Defendant stolen the victim’s 19:40 Scambling C with a 70,000 won of the market price owned by the victim, which was placed in the locked floor, and the cash 50,000 won of the market price owned by the victim, while drinking F and alcohol around 19:40,00 Scambling C, and D 103.

2. On November 2015, the Defendant embezzled, as he did not take measures, such as acquiring one cell phone owned by the victim G while setting up at the breakwater located on the road at a narrow speed of 19:00 square meters, and return it to the injured party while he/she got fishing at the breakwater located on the road.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

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

1. On-site photographs and seized personal telephone photographs (S3 in gallonies);

1. Application of Acts and subordinate statutes to report internal investigation (to cellular phone owners G and telephone communications);

1. Relevant legal provisions concerning criminal facts, Article 329 of the Criminal Act that selects punishment (a point of view), Article 360 (1) of the Criminal Act (a point of view of embezzlement of deserted articles in possession), and selection of fines, respectively;

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the aggregate of the amounts of the above two crimes) shall be aggravated for concurrent crimes;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of applicable sentences under law: Fines of 50,000 to 13 million won;

2. Whether to apply the sentencing criteria: The sentencing criteria shall not be applied as the person selects a fine;

3. The defendant who has been sentenced to criminal punishment several times due to larceny, etc., and steals the victim E's wallet and cash during the period of suspended execution due to larceny, etc.

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