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(영문) 대전지방법원 천안지원 2016.06.30 2016고정213

절도

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On March 9, 2015, from around 00:00 to around 06:00 on the same day, the Defendant discovered that the Defendant was diving with the victim D(58 Does) with the instant smartphone set up on the floor immediately adjacent to the victim’s market within the 200,000 square meters from around 06:00 on the same day, and then accessed the victim’s d (58 Does). The summary of the evidence was stolen by bringing one smartphone when the victim’s market price is equal to 500,000 won.

1. Statement by the defendant in court;

1. A statement of damage made to D;

1. Each entry in a protocol of seizure (voluntary submission) and a list of seizure;

1. Application of Acts and subordinate statutes to images of CCTV data;

1. Article 329 of the Criminal Act applicable to the facts constituting an offense and Article 329 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include the following: (a) the Defendant had the history of having been sentenced to a one-time suspension of indictment for the same kind of crime in 2015; (b) the Defendant was not agreed upon with the victim; (c) the damaged items are seized; (d) the Defendant was returned to the victim; (d) there was no history of criminal punishment exceeding a fine; (e) the Defendant was recognized as having committed a crime; and (e) the Defendant’s age, sexual behavior, environment, etc. was determined as ordered by taking into account various sentencing conditions indicated in the instant pleadings