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(영문) 수원지방법원 2019.03.22 2019고단4
절도등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

[Criminal Justice] On April 17, 2018, the Defendant was sentenced to eight months of imprisonment with prison labor for night building intrusion and larceny in an Ansan District Court’s Ansan Branch on April 17, 2018, and completed the execution of the sentence on November 5, 2018.

【Criminal Facts】

1. On December 17, 2018, the Defendant: (a) committed soup at the c “C” water surface room located in Suwon-si, Suwon-si, Suwon-si B on December 17, 2018; (b) the victim D, who was diving at that place, destroyed a gallon of a mobile phone of 9,000 won at the market price of the victim’s possession, which is the victim’s 980,000 won and 30,000 won at the market price.

2. On December 17, 2018, the Defendant purchased a game item amounting to KRW 110,000 in the market value using the victim’s personal information by means of small-sum payment, and purchased a game item amounting to KRW 4,000 in the same way as the market value at around 07:13 of the same day by purchasing a game item amounting to KRW 110,000 in total by means of mobile phone small-sum payment, and then purchasing a game item amounting to KRW 220,00 in total by purchasing a game item amounting to KRW 4,00 in the same way as at around 07:13 of the same day.

Accordingly, the defendant acquired economic benefits by inputting information without authority into a computer or any other information processing device.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Each CCTV photograph;

1. The total list of seized articles, records of seizure, list of seized articles and photographs thereof;

1. Previous records of judgment: Application of criminal records, inquiry reports (A), criminal records, and Acts and subordinate statutes to the criminal records, criminal investigation reports (verification of the previous records of repeated crimes, attachment of the judgment,

1. Relevant Article 329 of the Criminal Act, the choice of punishment against the crime, Article 329 of the Criminal Act, Article 347-2 of the Criminal Act, and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the circumstances specified in the first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act and the age, character, conduct, environment of the defendant, as well as the following reasons for sentencing:

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