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(영문) 대구지방법원 2015.11.04 2015고정1931
절도등
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

[Criminal Power] On August 7, 2015, the Defendant was sentenced to one year of imprisonment with prison labor for habitual larceny, etc. in the Western District Court Branch of Daegu District Court, and the judgment became final and conclusive on the 18th day of the same month.

【Criminal Facts】

On October 9, 2014, around 10:30 on 10:30, the Defendant, at a soup and making soup and making soup and underground water surface room located in Daegu Jung-gu, Daegu-gu, the Defendant obtained pecuniary benefits by accessing the app “Titto” apps with the automatic log set forth in LG G3 mobile phone (E) which was stolen from the victim D, and then illegally selling them to other persons.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Report on investigation (for data responding to the customer center of an item),

1. Details of the purchase of the sign board containers and screen pictures for the use of the sign board containers;

1. Previous convictions: References to criminal records, written judgments, and application of the statutes governing the search of cases;

1. Relevant Article 347-2 of the Criminal Act concerning the facts constituting an offense and the choice of punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

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

1. Acquittal portion of the provisional payment order under Article 334 (1) of the Criminal Procedure Act;

1. Around 10:30 on October 9, 2014, the Defendant: (a) stolen one set of LGG 3 mobile phones (E) at a sobrying and underground water surface room located in Daegu Jung-gu, Daegu-gu; and (b) the market price of the victim’s possession was equivalent to KRW 970,000,000.

2. On August 7, 2015, the fact that the Defendant was sentenced to one year of imprisonment with prison labor due to habitual larceny, etc. in the branch court of the Daegu District Court is recognized as above. According to the judgment, the charge of habitual larceny among the criminal facts in the above final judgment is found as follows: on December 8, 2014, around 06:30, the Defendant used the victim’s cell phone located in a carter using the gap in the location of the victim, who is an employee, from August 1, 2014 to February 18, 2015, and the fact that the judgment became final and conclusive.

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