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(영문) 서울남부지방법원 2018.08.29 2018고단2094
절도
Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

around 18:40 on September 27, 2016, at the seat No. 77 of Gangseo-gu Seoul Metropolitan Government “DPC room”, the Defendant stolen the victim E (19 ) tobacco 1,500 won in the market price on the computer book in which the 4,500 won was unfolded, as well as the property worth KRW 1,920,50 in total over 10 times from September 27, 2016 to November 22, 2017, as indicated in the list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. The written statement of the defendant;

1. Each written statement of E (the victim No. 1 per annum of the crime sight table No. 1), F (the victim No. 2 per annum of the crime sight table No. 3), G (the victim No. 4 per annum of the crime sight table), H (the victim No. 5 per annum of the crime sight table), I (the victim No. 6 per annum of the crime sight table), J (the victim No. 7 per annum of the crime sight table), K (the victim No. 8 per annum of the crime sight table), L (the victim No. 8 per annum of the crime sight table), M (the victim No. 9 per annum of the crime sight table), N (the victim No. 10 per annum of the crime sight table).

1. Police seizure records and list of seizure;

1. Reports on each occurrence of a crime;

1. Investigation report (Search for the PC room business owner);

1. Investigation report (the analysis of generated places and surrounding CCTVs);

1. Investigation report (verification of CCTV images at the scene of occurrence);

1. A report on internal investigation (on-site clinical investigation and CCTV verification and investigation);

1. Investigation report (in-depth CCTV and other investigation);

1. A detailed statement of the processing of reported cases;

1. Application of Acts and subordinate statutes to detailed inquiries about the notification of damage;

1. Relevant provisions of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting an offense (the occupation of an intention and the choice of a fine);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment were ten times or more, and the number of the instant crimes was repeated in a short period.

The defendant has sold stolen articles to the PC room or stolen articles in order to cover stolen articles, and in light of the method and contents of the crime, it is not good to commit the crime.

There was no particular recovery of damage.

There are such unfavorable circumstances as above, but they are.

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