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(영문) 서울남부지방법원 2015.10.15 2015고정1710
절도
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

On June 14, 2015, at night 12:40 on June 14, 2015, the Defendant discovered the victim C (the age of 57) who is drunk in front of the bus stops located in Guro-gu Seoul Metropolitan Government, and stolen one copy of resident registration certificate, one driver's license, and one hundred thousand won in cash from the victim's mother.

Summary of Evidence

1. The Defendant’s statement in the court (the Defendant’s mother D changed to the purport that “the Defendant was a false confession in the court” in the statement on October 13, 2015, which was submitted to the court. However, in light of the following: (a) the victim’s theft report; (b) the details of the police officer’s dispatch; (c) the Defendant cited the victim’s wall on his hand at the time of leaving the police officer’s site; and (d) the Defendant acknowledged the police officer the fact of taking the victim’s wall out from the victim’s main machine, it is difficult to view that the Defendant was a false confession in the court.

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes to photographs of damaged articles;

1. Relevant Articles of the Criminal Act concerning facts constituting an offense. Article 329 (Selection of Punishment of Fines)

1. Imposition of a fine of 300,000 won by sentence (see, e.g., Supreme Court Decision 300,000 won by sentence)

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

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

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