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(영문) 서울중앙지방법원 2015.05.28 2015고단2089

절도

Text

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

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

Reasons

Criminal facts

1. Around February 22, 2015, around 14:00 on February 22, 2015, the Defendant cut off precious metals equivalent to KRW 5 million at the market price, such as 18 KK 21, 18 KK Hags, 18 K Hags, 1, 18 K pentt 2, and 18 K K pentt 2, the market price of which is 5 million won by entering into a place where the victim’s attention is different from the victim’s attention by requesting the victim to exchange the sound visibility of the victim.

2. On March 1, 2015, at the place indicated in the preceding paragraph around 14:00 on March 1, 2015, the Defendant stolen precious metals worth KRW 38.68 million at market price, including, but not limited to, the following methods: (a) 1 gold dynasium, 1 kynasium, 1 kynasium, 1 kynasium, 18K Women’s kynasium, 18K kynasium, 1 kynasium, and 1 kynasium.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of suspect examination of G police officers;

1. Each police statement of E;

1. Application of Acts and subordinate statutes to each protocol of seizure and the list of seizure;

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

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

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing under Article 334(1) is that in light of the method and content of each of the crimes in this case, the nature of the crime is not good, and the extent of damage is not much significant.

On the other hand, the fact that the defendant has divided and reflected his mistake in depth, and that the defendant agreed smoothly with the victim is favorable to the defendant.

In addition, in full view of the motive, means, and result of each of the instant crimes, various conditions of sentencing as shown in the records and arguments, such as the circumstances after the crime, the defendant's age, character and conduct, intelligence, environment, etc., the sentence as ordered.