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(영문) 춘천지방법원 2018.03.29 2017고정477

절도

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who collects secondhand water.

On August 25, 2017, at around 23:10, the Defendant stolen a signboard (60x 180cm) on a “F cafeteria” 120,000 won at the market price owned by the victim E (D) in front of the “D” restaurant located in Chuncheon City, Chuncheon (D). The gist of the evidence was that the Defendant stolen a pipe of Aluminium (100cm in diameter, 3 cm in length, 100cm in length) after decomposition.

1. Partial statement of the defendant;

1. E statements;

1. Application of Acts and subordinate statutes concerning site photographs, investigation reports (CCTV verification results), and investigation reports (pres/he/shes related to estimates);

1. Relevant Article 329 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. Article 334(1) of the Criminal Procedure Act provides that the Defendant did not have any intention to larceny since he/she knew that he/she was abandoned, but the Defendant had been punished for larceny several times, and the Defendant sold the above pipe on the water.

In full view of the fact that the defendant's intent to larceny is recognized, considering the shape of the signboard owned by the victim in the field photographs, the defendant's reason for sentencing is that the defendant maintains his livelihood by collecting stolens, etc., and the fact that the profit earned by the defendant from the crime of this case is not significant is favorable to the defendant.

However, even though the criminal records of the defendant have been several times, the fact that the crime of this case was committed is disadvantageous to the defendant.

In addition, the sentencing conditions specified in the arguments of this case, such as the defendant's age, sex, environment, motive and background of the crime, means and methods of the crime, the result of the crime, and the circumstances after the crime, shall be comprehensively determined as ordered.