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(영문) 서울중앙지방법원 2013.06.20 2013고정2276
절도
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. On March 4, 2013, the Defendant: (a) cut up one and one non-fluort machine in the market price, which was displayed at the “B” cosmetic store that was operated by the winners of his name in the non-fluorial area, using the gaps in surveillance negligence; and (b) cut down one and one non-fluort machine in the market price.

2. On March 4, 2013, the Defendant: (a) laid off three cosmetics with the market price unexplosofted by using a crepan in which surveillance was neglected at an unexponed cosmetic store operated by the Defendant at the unexponed site; and (b) stolen them.

3. On March 4, 2013, around 20:21, the Defendant: (a) took off seven cosmetics equivalent to KRW 45,90 in the market price where the victim D located in the history of the Seoul subway 4 line C using a cresh in the “E” cosmetics store where D was located in the lower court, and stolen them.

4. At around 20:50 on March 4, 2013, the Defendant: (a) used a gap in which surveillance was neglected in calculating the goods of other customers at the victim H Kashter’s shop located in the Seoul subway line F 7 Stacker F 2nd underground; (b) used one smart cusshion line equivalent to 19,900 the market price located in the display stand; and (c) stolen it.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement of H, I, and D;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to report on investigation (the search of victims and confirmation of victims);

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

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 333(1) of the Criminal Procedure Act for the Return of Victims;

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

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