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(영문) 인천지방법원 2018.03.05 2017고단9224

절도

Text

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

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

Reasons

Punishment of the crime

[criminal history] On November 3, 2017, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Incheon District Court and a fine of KRW 500,00,000,000, and such judgment became final and conclusive on January 26, 2018.

[2] On July 23, 2017, the Defendant: (a) laid off the Defendant’s bicycle track on the 16:30 YY-gu, Sungnam-si, Sungnam-si; (b) laid off the Defendant’s seat to the funeral; and (c) discovered smartphones at the time of Samsung Ggal ju, the market value of which is equivalent to KRW 1,00,000,000 in the victim’s market value; and (d) cut off the Defendant. The summary of the evidence was stolen.

1. Partial statement of the defendant;

1. Written statements of D;

1. Account number of the victim's own transmission, text pictures and field photographs;

1. CCTV video CDs;

1. Previous convictions in judgment: One copy of judgment, case search, and application of Acts and subordinate statutes of the appellate court judgment;

1. Article 329 of the Criminal Act applicable to the facts constituting an offense and Article 329 of the choice of punishment;

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. Based on the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions specified in the trial process of the instant case, such as the Defendant’s age, sex, family relation, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, the sentence is determined as ordered.

The damage amount is relatively small, and the damage amount was returned, and the victim expressed his intention not to punish the defendant.

It is necessary to consider equity in cases where the crime of this case and the crime for which judgment has become final and conclusive at the same time.

Unfavorable circumstances: The defendant has previously been punished by imprisonment without prison labor or heavier punishment.

Even after the crime of this case was committed, there is a high risk of repeating the same crime.