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(영문) 의정부지방법원 2019.05.23 2019고정133

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

On October 18, 2018, the Defendant found C-O, in front of 09:07, in order to load and unload C-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements of D;

1. Field photographs, etc.;

1. A report on internal investigation (as to the verification of CCTV at the site), (as to the purport that the defendant was aware of the victim's bags and would bring about the victim's bags to be discarded, and that there was no intention of larceny. However, in light of the following circumstances acknowledged by the evidence duly adopted and investigated by this court, the victim was to set up the truck listed on the side surface of C before the store and set up the truck in order to load and unload the goods on the store; the victim was immediately set off on the front side of the truck, and it is apparent that the victim had a locking room while loading and unloading, and it is apparent that the victim had a locking room while loading and unloading; the victim was included in a high-priced object, such as a handphone and wall, in the front of the victim's door; the defendant was aware of the damaged goods; and after confirming the damaged goods, the victim's intention of larceny is sufficiently recognized. Therefore, the defendant's assertion is without merit.)

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

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

1. The sentencing conditions specified in Article 334(1) of the Criminal Procedure Act, which include the following circumstances, shall be determined as ordered in consideration of all the sentencing conditions specified in the instant case.

A favorable circumstance: The defendant has no record of punishment for the previous department: In light of the circumstances leading to the crime of this case, the value of damaged goods, etc.