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(영문) 의정부지방법원 2020.06.17 2019고단4603

절도

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

[2019 Highest 4603] The Defendant, around 11:44 October 15, 2019, stolen the Defendant’s right of KRW 2,00,000,00 that was withdrawn by the Victim E, from the C&D branch office D branch office located in Gu-si B.

[2019 Highest 5871] On September 24, 2019, the Defendant: (a) filed a new report and a replacement report with the victim G, which he/she reported, and (b) stolen the victims’ property, with the victim H’s market value equivalent to KRW 100,000,000,000, in the same location, when the Defendant was newly placed in the F apartment Management Office of the F apartment at the time of the Government on September 16, 2019.

Summary of Evidence

【2019 order 4603】

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. E statements;

1. On-site photographs and investigation reports (Attachment to CCTV-cape photographs of the CFD branch offices), 2019 order 5871);

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each statement of H and I;

1. Application of Acts and subordinate statutes to field photographs, CCTV screen pictures, internal investigation reports (F apartment CCTV image reading), healthcare and apartment complex CCTV image analysis data, investigation reports (I written statement of a fitness r and CCTV image re-Analysis), and data comparing suspect newly generated images;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting a crime;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (Application of sentencing guidelines as selection of fine) under Article 334(1) of the Provisional Payment Order (Application of sentencing guidelines) committed the instant crime again despite the fact that the Defendant had been punished several times due to the same kind of crime, and in particular, committed the instant crime during the repeated offense period.

The defendant recognized his mistake, the damage amount of this case is minor, the defendant has an opportunity to reflect through confinement life for approximately two months, and the defendant applies for a recipient of basic living.