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(영문) 서울중앙지방법원 2018.12.20 2018고정2561
절도
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

1. From around August 8, 2018, the Defendant: (a) around 20:00 on August 28, 2018, at the “C marina” managed by the victim E in Gwanak-gu, Seoul Special Metropolitan City, the Defendant brought up a total of 2,200 won of the market price, or 2,200 won of milk, 4,980 won of the market price, 8 pieces of milk, and 2,000 won of the market price at the same place around August 16, 2018; (b) around 20:30 on August 28, 2018; (c) around 12,00 won of the market price; (d) around 7,500 won of kimchi; and (e) around 4, 208:60 won of the market price of the Defendant’s bottle at the same place; and (e) around 18:30 on August 28, 2018 of the market price.

2. On August 29, 2018, the Defendant: (a) around 18:00, at the “F Mamt” managed by the victim H located in Gwanak-gu Seoul Special Metropolitan City, the Defendant stolen four pieces or wells of money equivalent to KRW 2,80,00, the market price of which was displayed at the store in a crepan, where the victim’s surveillance was neglected; and (b) around September 12:15, 2018, four pieces or wells of money equivalent to KRW 2,80,000, market price of which was 2,80,000, and 3,980,000, or wells were put into the Defendant’s house at the same place; and (c) thereby, stolen each of the above foods at the market price of KRW 13,560,00.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and H;

1. Voluntary accompanying reports and report on internal investigation:

1. Application of the receipt statute

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

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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