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(영문) 수원지방법원 2017.05.25 2017고정866
절도교사등
Text

Defendant shall be punished by a fine of three million won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On February 2, 2016, the Defendant embezzled one cellphone at a gallon 700,000,000, on the first half of the year, Seo-gu, Daejeon Special Metropolitan City (Seoul Special Metropolitan City) around 01:0,00, without following necessary procedures, such as discovering one cellphone at the market price of KRW 700,00,000, which was lost by the victim B, and acquiring it by driving it, and returning the cell phone.

2. On March 2016, at around 01:00, the Defendant: (a) requested a customer’s mobile phone from Pyeongtaek-si, Pyeongtaek-si, and requested a customer’s mobile phone at the same time; (b) caused the said C to bring one mobile phone at the time of 700,000,000 won at the victim D’s side where he was diving, thereby instigating the said C to commit the thief.

Summary of Evidence

1. Statement by the defendant in court;

1. The protocol of interrogation of each police officer in relation to E and C;

1. Written statements of victims;

1. Application of the statutes governing seizure records and the list of seizure lists;

1. Relevant legal provisions of the Criminal Act, Article 360(1) of the Criminal Act (the point of embezzlement of deserted articles in possession), Articles 329, 31(1) (the point of larceny) of the Criminal Act, and the choice of fines for the crime;

1. Article 1 of the Act applicable to the aggravated indictment for concurrent crimes was omitted, and it is determined that there is no possibility of substantial disadvantage in guaranteeing the defendant's right of defense even if it is acknowledged as above without the prosecutor's modification of the indictment, the above provision shall be added ex officio.

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act

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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