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(영문) 대전지방법원 2018.08.17 2018고단1673

절도

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 29, 2018, the Defendant, at the second floor of the Seo-gu Daejeon building B, Seo-gu, Daejeon, on April 12:10, 2018, put scarp equivalent to 228,000 won in the market price of the victim’s ownership into the bottom of one’s external dumping over the left arms.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements (D);

1. Application of statutes on field CCTV photographs;

1. Article 329 of the Criminal Act and selection of fines concerning facts constituting an offense;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act has a history of having been punished several times by larceny. In particular, the defendant was sentenced to the suspension of the execution of imprisonment with prison labor in August 16, 2017 by the Cheongju District Court for larceny on November 16, 2017, and the judgment became final and conclusive on November 24, 2017, and thus, the defendant should be aware of the crime in this case during the suspension of the execution period, but it is not good to commit the crime in this case.

However, in consideration of the fact that the defendant reflects his mistake, that the defendant returned stolen damaged goods, that the crime of this case seems to have affected the crime, that the defendant suffered from normal pain, and that when selecting a prison, it seems to be too harsh if considering the circumstances mentioned earlier, it would be too harsh if the suspended sentence is invalidated, a fine shall be selected by taking into account the following factors: the defendant's age, sex behavior, environment, etc., and various sentencing conditions shown in the records and arguments of this case shall be determined as the order.