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(영문) 수원지방법원 2015.06.11 2014고정1018
절도
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

At around 08:20 on August 26, 2013, the Defendant completed accommodation 301, which was operated by the victim C victim D, the Defendant: (a) caused the theft of goods equivalent to KRW 419,00,00, such as one radio AP share at the market price equivalent to KRW 100,000, the market price of the victim’s possession; (b) computer parts (CPU, Medboard, Hadboard, RAM, graphic card), and 10,000,000, the market price of which is equivalent to KRW 10,000,000.

Summary of Evidence

1. Part concerning the recording of the witness F in the fifth trial record;

1. Partial statement of witness G in the third protocol of trial;

1. The police statement concerning F;

1. Each investigation report (in addition of damaged articles), (as to records of entry into guest rooms No. 301), (in addition of damaged articles, field photographs, etc.), (in the event of entry into guest rooms No. 301), and (in the event of entry into guest rooms, detailed description of the opening and closing records);

1. Application of Acts and subordinate statutes to each fact inquiry reply letter (the Sejong Police Station, the Southern Police Station, and the Suwon Police Station);

1. Article 329 of the Criminal Act and Article 329 of the Criminal Act concerning the crime, the choice of fines;

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

1. The defendant and his defense counsel's assertion on the claim of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the provisional payment order asserts that the defendant and his defense counsel met only a computer inside the defense room after having been accommodated with a female-child room 301 in the holding, and only did not steals things within the holding.

The following circumstances acknowledged by the evidence of the judgment, i.e., (i) the Defendant’s female-friendly recruitment G was admitted to a room in around 14:01 on August 25, 2013 and around 15:23 on the same day; (ii) the Defendant left a room in around 07:06 on August 26, 2013, and around 08:22 on the same day; and (iii) on August 25, 2013, on August 26, 2013, immediately before G was admitted to the room, F, a staff member of the holding, inspected the inside of the above heading room on August 26, 2013, and entered the said heading around 09:06 on August 26, 2013.

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