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(영문) 서울남부지방법원 2014.08.11 2014고정523

절도

Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

피고인은 2013. 8. 29. 19:00경 서울 영등포구 D에 있는 E공인중개사 사무실에서 손님인 피해자 F의 부동산을 거래하는 과정에서 수수료를 적게 준다는 이유로 피해자가 잔금으로 받은 수표 뭉치를 손가방 안에 넣고 지퍼를 채우려는 순간 손을 뻗어 수표 뭉치를 낚아챈 후 그 중 500만원권 수표 1매를 손에 들고 밖으로 도주하는 방법으로 절취하였다.

Summary of Evidence

1. Legal statement of witness F;

1. Statement made by the prosecution against the defendant that one of the money used by the victim as his hand for inserting any balance in the bank without consultation with the victim concerning brokerage commission among the suspect interrogation protocol of the defendant, is placed in the check where the defendant was placed in two hands;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 329 of the Criminal Act and Article 329 of the Criminal Act concerning the crime, the choice of fines;

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

1. According to each evidence of the sentencing reasons of Article 334(1) of the Criminal Procedure Act of the provisional payment order, the defendant cited five million won check against the victim's will concerning the payment of brokerage commission, and the fact is recognized, but the victim is only liable to pay the small amount of brokerage commission even though the victim signed a description of confirmation of the object of brokerage commission stated at the time of concluding the sales contract, and it is reasonable to take into account the circumstances.

In addition, the amount of fine prescribed by the summary order shall be reduced in consideration of the fact that the defendant returned the amount equivalent to the check to the victim after the crime of this case, the fact that the defendant only has received the judgment of one suspended sentence, the age of the defendant, family relationship, etc