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(영문) 의정부지방법원 2013.04.18 2013고단263
절도
Text

A defendant shall be punished by imprisonment for not less than eight months.

An application for compensation filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

At around 08:10 on December 9, 2012, the Defendant directly operated the Victim C’s Difference in the Evexane in Gangwon-gun, Gangwon-gun, and received a letter 21 of a total of 721,000 won professional earth terminal, which is equivalent to 31,000 won, and presented it to the Victim, and thereafter, 8 of the remainder of 690,000 won professional earth terminal in amount to 31,000 won among them came to go to the Victim.

As above, the Defendant stolen the protopy equivalent to KRW 41,426,80 in total, 64 times from September 16, 2012 to December 9, 2012, including the theft of the protopy owned by the victim, in the same manner as indicated in the attached crime inundation table.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of C, F, and G;

1. Application of Acts and subordinate statutes to a report on investigation (a detailed statement of sale of soil in sports and a comparative investigation of CCTV data);

1. Article 329 of the Criminal Act applicable to the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 32(1)3 and (2) of the Act on Special Cases Concerning the Dismissal, etc. of Application for Compensation Orders (in the absence of the scope of liability for compensation, it is unreasonable to issue an order for compensation as the scope of liability for damages is unclear) was that the Defendant has committed an initial offense, and the Defendant has committed a sentence like the order, taking into account that the amount of damage caused by the instant crime is considerable, and that there is no agreement with the victim, etc.

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