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(영문) 서울중앙지방법원 2013.08.22 2012고단6397
절도
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

[Criminal Power] On May 29, 2013, the Defendant was sentenced to six months of imprisonment with prison labor for larceny at the Suwon District Court on June 6, 2013, and the judgment became final and conclusive on June 6, 2013.

【Criminal Facts】

On October 18, 2012, at around 05:30 on October 18, 2012, the Defendant discovered the victim D, who was under the influence of alcohol, while displaying the subject for the purpose of stealing the Handphone in the Cracks or the surface of the water located in Dongjak-gu Seoul Metropolitan Government.

Accordingly, a person who is diving by the victim shall be placed adjacent to the victim;

관리가 소홀한 틈을 이용하여 피해자가 옆에 놓아뒀던 삼성 갤럭시S3 휴대폰을 수건을 감싸 들고 나오는 방법으로 시가 100만원 상당의 재물을 절취하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of damage from D;

1. Records of seizure and the list of seizure;

1. Previous convictions: Application of court rulings and Acts and subordinate statutes governing integrated search of court rulings;

1. Article 329 of the Criminal Act applicable to the crime, Article 329 of the choice of a sentence, the choice of a fine (the crime of this case is the crime of the same kind as the larceny for which the judgment has become final and conclusive, and the concurrent judgment in the concurrent relationship under the latter part of Article 37 of the Criminal Act shall be taken into account, the amount

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

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