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(영문) 광주지방법원 순천지원 2016.12.19 2016고정327
절도
Text

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

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

Reasons

Punishment of the crime

On September 11, 2015, at the center of 13:02, the Defendant:3, at the center of the Macheon-si, the 134 Net Mine Livestock Industry Cooperatives (hereinafter “the North Branch”) brought about the victim C with a financial transaction before the cash payment period, resulting in a theft of one Samsungphone, an amounting to KRW 800,000,000 in the market value.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. Records of seizure and the list of seizure;

1. The application of the Act and subordinate statutes to a series of acts that the Defendant continued to take one’s place without trying to return a smartphone by bringing the above smartphone to the original place for the reason that it is difficult for the owner or possessor to take possession of the owner or possessor, or by bringing to the police box, etc. after leaving the phone at all, it is reasonable to recognize the Defendant’s intention to commit such a series of acts) where he/she continued to take his/her place without making any effort to return the smartphone by bringing to the original place, excluding the possession of the owner or possessor, or by bringing to the police box, etc.

1. Relevant Article of the Criminal Act and Article 329 (Partial Reduction of Fine in consideration of the fact that the victim has submitted a written withdrawal of complaint to the effect that he/she does not want criminal punishment against the defendant after the issuance of the summary order)

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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