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(영문) 부산지방법원 2020.11.26 2020고정1051
절도등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On May 4, 2020, the Defendant intruded into a restaurant by means of a open entrance, which was opened for the purpose of theft of the property between the victim D and the 9th floor of the Busan District Office B, Busan, the 9th floor of B, the Busan District Office.

2. The Defendant thefted KRW 9,00 in cash, which the said victim kept in the Kabter’s safe at the same time and place as that set forth in paragraph (1).

3. Around 15:05 on May 12, 2020, the Defendant intruded into a restaurant with the open entrance for the purpose of theft of property between the victim G and the “F” restaurant at the Busan Jin-gu E and the first floor of the Busan Jin-gu.

4. The Defendant, who received the attempted theft, followed the front fluor, which was ging on the wall to steals property at a time and place like paragraph (3), and the lower court did not have cash that could be stolen.

5. On May 12, 2020, around 15:10 on May 12, 2020, the Defendant intruded into a restaurant with an open entrance for the purpose of theft of property between the victim J and the Ha’s first floor “I” restaurant located within the part of the victim J.

6. The Defendant thefted KRW 10,000 in cash kept in the Kabter’s depository at a time and place, such as paragraph (5).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement to K, G and J;

1. Each list of seizure;

1. Application of the Acts and subordinate statutes governing crimes;

1. Relevant legal provisions concerning criminal facts, Article 319(1) of the Criminal Act (influence of each structure), Article 329 of the Criminal Act (influence of each structure), Articles 342 and 329 of the Criminal Act (influence of larceny), the choice of fines, and the choice of fines;

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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