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(영문) 서울중앙지방법원 2017.01.11 2016고단7105

절도

Text

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

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

Reasons

Punishment of the crime

On September 26, 2016, the Defendant, at around 18:35, 2016, posted one copy of the “A, who wishes any leader,” which is located in the display stand, at the location of the victim located in Jongno-gu Seoul Metropolitan Government, by means of the gaps in the surveillance of the employees of the store in Jongno-gu Seoul Metropolitan Government, and stolen it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Police seizure records and list of seizure;

1. Application of Acts and subordinate statutes to photographs of damaged articles;

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

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

1. In light of the fact that the defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, committed the crime of this case without being aware of himself during the period of probation of imprisonment for the same crime as the crime of this case, the punishment of this case is not exceptionally imposed. However, the punishment of this case is determined as ordered by taking full account of the following factors: (a) the defendant recognized the crime of this case; (b) the defendant is aged, is deemed to have a bad health condition; (c) the degree of damage to the victim is not relatively heavy; (d) the damaged article has been returned; and (e) other factors revealed during the trial process of this case, such as the defendant’s character and behavior, family environment, motive and means of the crime, and circumstances after the crime