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(영문) 의정부지방법원 고양지원 2013.04.12 2012고단1554

야간건조물침입절도

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

[Criminal Power] On April 19, 2012, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Seoul Southern District Court on April 19, 2012 and was sentenced to two years of suspended execution on April 27 of the same month, and the said judgment becomes final

【Criminal Facts】

On October 21, 2012, around 04:19, the Defendant stolen the cash amounting to KRW 684,00,000, which was owned by the victim E at the place, at the “F convenience store” managed by the victim E in Gyeyang-gu, Seoyang-gu, Seoyang-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness E and G;

1. E statements;

1. Application of the Acts and subordinate statutes governing CCTV reading photographs;

1. Article 329 of the Criminal Act and Article 329 of the same Act concerning the crime, selection of fines;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include the fact that the defendant has been punished several times in the same previous department, and the defendant committed the crime of this case without being weighted even though he was under the previous period of probation, the nature of the crime of this case is heavy. However, in light of the fact that the defendant is repenting wrong, the amount of theft is not large, the defendant has reached a smooth agreement with the victim, the above crime is deemed to have been committed by contingency under drinking, and the defendant's age, occupation, family environment, etc. are likely to have been committed by contingency. It shall be sentenced to the same fine as the order.

It is so decided as per Disposition for the above reasons.