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(영문) 서울중앙지방법원 2017.11.24 2017고정2790

절도

Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On July 5, 2017, the Defendant was sentenced to four months of imprisonment as a crime of assault at the Seoul Central District Court, and the said judgment became final and conclusive on September 30, 2017.

On March 23, 2017, around 18:05, the Defendant: (a) stolen the victim-owned goods with 30,000 clothes equivalent to the total market value of KRW 4,00,000,000, which is the victim-owned goods attached D in the front of the Dongjak-gu Seoul Metropolitan Government Notice No. C notice, which was located in the Dongjak-gu Seoul Metropolitan Government, with one white package containing an unexplosion in the market price, and one white package containing a new launch in the market

Summary of Evidence

1. A protocol concerning the examination of the accused;

1. Statement made with D;

1. A report on the occurrence of a crime, a stolen white paper, a investigation report (limited to partial recovery of damaged products), a CCTV image data closure photograph, and a damaged photograph;

1. Previous convictions: Reporting the previous convictions and results of confirmation, and applying Acts and subordinate statutes which are remarkably true to this court;

1. Relevant legal provisions on criminal facts, Article 329 of the Criminal Act of the choice of punishment, the choice of a fine (the economic environment of a defendant is difficult, the victim’s failure to punish a defendant is recognized, but the defendant has a history of punishment twice in the crime of embezzlement of deserted articles in the past, and the damage to a victim is not entirely recovered, etc., punishment specified in the summary order in the instant case is heavy in view of the following:

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1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;