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(영문) 서울중앙지방법원 2013.03.27 2012고단5903
절도교사
Text

Defendant shall be punished by a fine not exceeding one million won.

If the defendant fails to pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

C는 2012. 4. 2. 17:00경 서울 관악구 D에 잇는 ‘EPC방’ 입구에서, 피고인이 특수강도 등 혐의로 재판을 받지 않은 채 가출하여 도피 중인 사실을 알게 되자 피고인에게 ‘함께 가출 생활을 하려면 삥을 뜯어 오던지 휴대폰을 절취해 오라. 만약 휴대폰을 가져오지 못하면 돈도 없고 아무것도 없으니까 그냥 집에 가라’고 말하여 피고인으로 하여금 절도 범행을 할 것을 마음먹게 하였다.

At around 17:00 on April 2, 2012, the Defendant, according to the above EPC’s teacher, told the victim F at the above EPC room to “be able to use only a telephone,” and stolen the difference from the victim’s 700,000 won in the gallon juth of the market price owned by the said victim, with the victim’s talked with S2 mobile phone, and the victim’s surveillance was neglected.

Summary of Evidence

1. Statement of the defendant in the second protocol of trial;

1. Application of Acts and subordinate statutes on police statements made to F and G;

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

1. Selection of an alternative fine for punishment;

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

1. The reasons why the court did not decide to send the case to the Juvenile Department for the sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment [It is so decided as per Disposition on the grounds that the defendant's juvenile protection order cannot be issued because he loses his status as a juvenile under the Juvenile Act when he turns 19 years of age when he turns 19 years of age with H] [The circumstances leading up to the crime of this case (the fact that the defendant did not refuse to give the direction of the crime that is close to C's coercion while living together with his accomplice C while he lives in prison with his accomplice and did not lead to the crime of this case)], and that the defendant still is more than 19 years of age];

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