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(영문) 광주지방법원 2014.11.19 2014고정1588

절도

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

Defendant,

1. On July 20, 2014, the victim C (53 years of age) was stolen from the head of passbook corresponding to KRW 100,000 in the market price containing KRW 3,00,000 in cash posted on the tables of the Korean Racing Association 7th floor of the 257-lane in the composition of Gwangju-gu, Gwangju-gu;

2. On August 1, 2014, at around 19:00, at the same place as Paragraph 1, the victim D (year 53) brought about a theft of a smartphone equivalent to KRW 1,00,000 at the market price set on the table for its seat.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of D and C;

1. A criminal investigation report (Attachment to CCTV images, CDs, etc. recorded on the surface of the police station);

1. The application of the evidence photograph [ although the defendant acknowledged the fact that he brought C's wallbook, he/she did not have cash in this case, it can be acknowledged that he/she was in cash on the wall of the passbook according to the C's written statement] statute

1. Article 329 of the Criminal Act concerning the facts constituting the crime;

1. Optional fine;

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

1. The grounds for sentencing under Articles 70(1) and 69(2) of the Criminal Act for the detention of the workhouses can be acknowledged that the defendant is a recipient of basic living and is the disabled person.

However, considering the fact that cash, which is an important damage, has not been recovered, that the defendant did not separately endeavor for the recovery of victims' damage, the frequency of the crime by the defendant, circumstances after the crime, equity in other similar cases, etc., the amount of fine prescribed in the summary order cannot be deemed to be excessive.