beta
(영문) 대전지방법원 서산지원 2015.11.26 2015고정204

절도

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. Around January 22, 2015, the Defendant, around 18:00 on January 22, 2015, cut off the Defendant into a freezing warehouse, using the cresh that there is no victim, thereby bringing about the Defendant into a freezing warehouse, one full-time string (100,000 won at a market price) in the freezing to sell from the frozen warehouse of Bag-si, Jin-si (10,000 won at a market price of 48,000 won at a market price of 45,00 won), and one string (45,000 won at a market price) in the freezing.

2. Around January 23, 2015, the Defendant, at around 21:00 on January 23, 2015, destroyed the Defendant into a freezing warehouse by using the cresh that is kept in freezing to sell the victim D at the same place as the above “A” (hereinafter “A”), using the cresh that is in custody of the victim D, to bring the victim into a freezing warehouse.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and D;

1. A report on internal investigation:

1. Application of statutes on site photographs;

1. Article 329 of the Criminal Act and Article 329 of the same Act concerning 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. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant again committed the instant crime even though he had been punished several times, including six times of punishment for the same kind of crime, and that the victims’ damage has not been recovered, the Defendant is disadvantageous to the Defendant. The damage amount caused by the instant crime is not significant, and that the Defendant’s health condition is not good.

In addition to the above circumstances, the sentence like the order shall be determined by comprehensively taking into account all the sentencing conditions shown in the records and arguments of this case.