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(영문) 서울남부지방법원 2017.11.29 2017고단356
절도
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall pay 1,900,000 won to the applicant for compensation. The above compensation order shall be issued.

Reasons

Punishment of the crime

1. The crime committed on November 16, 2016;

A. On November 16, 2016, at around 02:57, the Defendant: (a) committed a theft by taking advantage of the gaps in the second floor below the building of Geumcheon-gu Seoul Metropolitan Government, the victim B (n, 54 years old); (b) the victim-owned mobile phone 1 unit in LGG G2 prophone, the market price of which is equivalent to KRW 750,000, and the mobile phone 15,000, and the E card 1 in the market price. (b) On the same day, around 03:36, the Defendant injecteded the E card in the name of B and withdrawn KRW 70,000 as cash services in the automatic cash payment box installed at the G convenience store located in Geumcheon-gu Seoul Metropolitan Government, Geumcheon-gu Seoul Metropolitan Government.

(c)

around 03:43 of the same day, the Defendant injected the above E- Card into the cash automatic payment machine installed at the I convenience store in Geumcheon-gu Seoul Metropolitan Government H, and withdrawn KRW 500,000 as cash service and stolen it.

(d)

around 03:46 on the same day, the Defendant injected the above E- Card into the cash automatic payment machine installed at the K convenience store in Geumcheon-gu Seoul Metropolitan Government, and withdrawn KRW 700,000 as cash service and stolen it.

2. On November 30, 2016, around 09:45, around November 30, 2016, the Defendant: (a) committed a theft by bringing one of the four mobile phones in Samsung Gymp 4, an amount equivalent to KRW 900,000 at the victim’s market price on which the victim’s N (50 taxes) was located in a bend place; (b) around November 30, 2016, the Defendant committed a theft of the gap in which the surveillance of the victim’s N (50 taxes) was neglected; and (c) around November 30, 2016, the Defendant committed a theft. The summary of the evidence [the

1. A protocol concerning the examination of the police officers against the accused (two times);

1. Police seizure records and list of seizure;

1. A detailed statement of approval (cash services) (crime No. 2 of the judgment);

1. A protocol concerning the interrogation of the suspect against the defendant (one time);

1. A written statement of the N Victim;

1. Application of Acts and subordinate statutes to damaged articles and stophographs of crimes;

1. Relevant Article of the Criminal Act and Article 329 of the Criminal Act concerning the crime. Article 329 (Selection of Punishment of Imprisonment);

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

1. Articles 25(1), 31(1), and 31(2)1.

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