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(영문) 제주지방법원 2018.09.03 2018고정297

절도등

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[2018 High 297]

1. On October 31, 2017, the Defendant: (a) around 19:50 on October 31, 2017, at the “E store located in the 2nd parallel room located in Busan Dong-gu Busan Metropolitan City (hereinafter “E”) where the victim F’s supervision was neglected; (b) at the time when the victim’s supervision was displayed in the above store managed by others; (c) at the time when the victim’s 18,000 won of the market price was set off, the Defendant stolen: (a) at the time when the victim was placed, one of the 3th parallel male Myeongs, which is worth KRW 2,400 of the market price; and (d) at the market price of KRW 40,400 of the market price.

"2018 High 305"

2. Around November 7, 2017, the Defendant violated the Road Traffic Act (drinking driving) driven a G Anon-lock vehicle under the influence of alcohol concentration of about 0.082% in the 7km section from a place where it is impossible to identify the place of not more than 3rdro 3-ro Seoul Jongno-gu, Jongno-gu, Seoul to the 333rdro-ro, Seodaemun-gu, Seoul.

Summary of Evidence

[2018 High 297]

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A criminal investigation report (the beginning and arrest of a person) 2018 Go fixed 305 ";

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes governing the accident vehicle and on-site photographs;

1. Article 329 of the Criminal Act (a point of Section 3), Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (a point of drinking) of the relevant Act;

1. Selection of each alternative fine for punishment;

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment shall be taken into account all the conditions for sentencing specified in the instant pleadings, and the following circumstances shall be taken into account in particular: A favorable circumstance: (a) the violation of the circumstances; (b) the return of the stolen article to the victim; and (c) the circumstances unfavorable to the fact that the stolen article has no record of being punished by the driving of alcohol: (a) the fact that there was a history