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(영문) 제주지방법원 2018.08.28 2018고단38

절도등

Text

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

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

Reasons

Punishment of the crime

1. Larceny;

A. On March 6, 2017, at around 15:43, the Defendant: (a) in D operated by the victim C in Jeju-si B, the Defendant, as soon as possible, stolen 12 copies of magazines equivalent to the sum of 74,100 won in the market price, including six books of “chixing head office”, three books of “heming”, and three books of “ women’s dong”, which are the victim’s possession of strings for customers using a book.

B. On September 14, 2017, around 11:00, the Defendant: (a) placed eight copies of magazines equivalent to the total market value of KRW 70,000 in a bank, including two books of “C heading”, “C heading”, three books of “heming”, and three books of “ women’s dongs”, which are the victim C, displayed on a book display for the customers who use the kitchen as soon as possible; and (b) stolen them.

2. Intrusion upon a structure;

A. On March 6, 2017, at around 15:43, the Defendant came to D operated by the victim C in Jeju-si B, and, as seen in paragraph 1-A, stolen the magazine, and invaded the structure under the victim’s management.

B. On September 14, 2017, around 11:00, the Defendant came to D operated by the victim C in Jeju-si B, and came to theft of the magazine as stated in paragraph 1-b. As such, the Defendant entered the magazine into the above rapid store and intruded on the structure managed by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of C;

1. Application of Acts and subordinate statutes to photographs by on-site photographs, and by capturing each CCTV image;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 319 (1) of the Criminal Act, and the choice of fines for the crime;

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

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment shall be determined in consideration of the following circumstances.

The defendant committed each of the crimes of this case during the period of repeated crime as well as has the record of having been punished several times for the same crime: