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(영문) 대구지방법원 2017.08.10 2017고단288 (1)

절도

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On December 6, 2016, the Defendant acquired stolen goods with knowledge of the fact that the victim’s name was stolen by E (joint Defendant prior to the separate declaration) using the gap in D’s care, which caused the manager of the place to be neglected, at around 03:00 that the market price of the victim’s name was 50,000 won owned by the person in charge of the management of the place.

Summary of Evidence

1. The respective legal statements of the defendant and E;

1. Statement made by the police against D;

1. Screening pictures of damaged objects and CCTV closures;

1. Application of Acts and subordinate statutes to a report on investigation (calculated amount of damage);

1. Article 362 of the Criminal Act applicable to the crime, Article 362 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is only the fact that the Defendant was punished several times as a thief, and that the Defendant was sentenced to three months of imprisonment with prison labor for special larceny, etc. at the Gwangju District Court on April 8, 2014 and repeated the instant crime within the repeated period even after the execution of the sentence was completed on January 18, 2015.

However, in full view of the favorable circumstances such as the fact that the defendant recognized the crime of this case and reflects the mistake, the fact that the amount of damage is minor due to the acquisition of props equivalent to 50,000 won, the return of damaged goods, and all other factors of sentencing, including the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the punishment as ordered shall be determined as per Disposition.