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(영문) 수원지방법원 성남지원 2013.10.28 2013고정1525
절도
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

[Final Judgment] On June 20, 2013, the Defendant was sentenced to eight months of imprisonment with prison labor for larceny, etc. at the Sungnam Branch of Suwon District Court on September 3, 2013, and the said judgment became final and conclusive on September 3, 2013.

【Criminal Facts】

1. At around 02:00 on September 3, 2012, the Defendant: (a) stolen, by means of loading, to the Fpoter vehicle owned by the Defendant, scrap water worth KRW 5,000, the market price of the victim E owned by the Defendant, in front of the Hanam-si, a site for removal of a housing zone for the Korea Land and Housing Corporation.

2. On September 17, 2012, the Defendant entered H company located in Hanam-si, Hanam-si, and stolen the 800 g sn beam 800 g, the sn beam of which is equivalent to KRW 2,00,000, at the market price of the victim I owned, by means of loading it into the Fpoter vehicle owned by the Defendant.

3. At around 01:10 on September 19, 2012, the Defendant: (a) committed a theft by carrying the amount of approximately 50 meters of electric wires (5W 100mmm) equivalent to KRW 1,500,000 in the market price owned by the victim M, which was parked in front of the K warehouse located at the Hanam-si, Hannam-si (J), into the Fpoter vehicle owned by the Defendant, and carrying the amount of approximately 50m of electric wires (5W 100mm).

4. On September 23, 2012, at around 03:35, the Defendant: (a) committed theft by carrying approximately 30 meters of electric wires (5W 100mm) equivalent to KRW 300,000 in the market price owned by the victim M, which were kept in custody in loading freight vehicles parked at the same place as Paragraph (3).

5. On September 23, 2012, at around 03:35, the Defendant cut 300 g of the sn beam 300 g of the 700,000 g of the market value of the victim I’s market at the same place as that of paragraph (2).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E, I, and M;

1. Each protocol of seizure and the list of seizure;

1. Final and conclusive judgment: Application of court rulings and consolidated case inquiry Acts and subordinate statutes;

1. Article 329 of the Criminal Act and Article 329 of the same Act concerning criminal facts and the choice of fines;

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

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

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

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

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