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(영문) 서울남부지방법원 2016.05.10 2016고단261
절도
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. From January 14, 2016, around 08:10 on January 14, 2016, the Defendant thefted the victim C with only one mobile phone pro- 2 mobile phone prone to KRW 1,000,000 in the victim’s market price owned by the victim C, who was divingd by the victim, at the Ebry 2 male surface room located in Gangseo-gu Seoul Metropolitan Government D.

2. On January 18, 2016, the Defendant: (a) stolen the victim F at the same place; (b) on January 18, 2016, the victim F, where the victim F, who was diving, was placed adjacent to the victim, committed theft with one Samsung Gallon in the victim’s ownership market value equivalent to KRW 800,000,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. C’s statement;

1. Records and photographs of seized articles;

1. The application of Acts and subordinate statutes on criminal investigation reports, such as photographs, second-class inquiries, personnel records cards, and each investigation report;

1. Article 329 of the Criminal Act concerning the facts constituting an offense;

1. Selection of an alternative fine (to take into account the following circumstances):

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. The reason for sentencing of Articles 70(1) and 69(2) of the Criminal Act with respect to the crime of this case on the ground of the punishment of penal provisions of the Act on the Attraction of the Noon Station, a public place, repeating the crime that steals mobile phones located adjacent to the victim by repeating soup. The nature of the crime and the criminal administration are not exceptionally against the victim.

However, in light of the circumstances such as the fact that the Defendant appears to have committed the instant crime in order to resolve board and lodging due to his life while on leave of absence, the degree of damage is not large, and some damaged items are returned to the victim by voluntarily submitting them to the Defendant, the confession and the depth of the crime continues to go against the victim, and the fact that there was no same criminal history except for the crime before about 40 years, a fine like the order shall be imposed.

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