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(영문) 대구지방법원 2019.10.31 2018고단4777

절도

Text

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

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

Reasons

Punishment of the crime

[2018 Highest 4777] On October 12, 2018, the Defendant: (a) committed a theft by putting the victim’s Damat operated by the victim C in Daegu Dong-gu, Daegu-gu, into the main machine, one disease of the amount equivalent to KRW 7,300 in the market price at the display site using a cresh in which the victim’s surveillance was neglected.

[2019 Highest 2290] On April 16, 2019, the Defendant brought about the “Gmat” operated by the victim F in Daegu Dong-gu, Daegu-gu, as of April 16, 2019, in which the victim F was negligent in monitoring the victim, one seat title equivalent to KRW 4,900, the market price of the victim who was in the display place, was located in the display place.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. A written statement of C and F;

1. 112. List of reported cases;

1. Application of three-dimensional Acts and subordinate statutes to each CCTV course;

1. Article 329 of the Criminal Act and Article 329 of the Criminal Act concerning the applicable criminal facts and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Prior to the reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, the Defendant had been punished for larceny even before the sentencing period, and even during the repeated offense period, there is a great degree of criticism for the instant crime.

However, the defendant's age, character and behavior, environment, background leading to the crime, circumstances after the crime, etc. are equally considered and the degree of damage is not so significant.