beta
(영문) 대구지방법원 의성지원 2018.08.30 2018고정41

절도

Text

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

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

Reasons

Punishment of the crime

1. On June 7, 2018, around 03:30 on June 7, 2018, the Defendant: (a) stolen a flaf tree powder (10 years) with three galls in front of the victim E’s market price in front of the Gyeong-gun, Gyeongbuk-gun, and 1st floor “D” office, at the victim E-owned market price equivalent to three million won.

2. The Defendant: (a) stolen a flag of flag (eight-year plant) with 10,000 won (eight-year plant) at the market price owned by the said victim, which was displayed at the victim G, which was operated by the victim G, located in F of the same Gyeongbuk-gun, North Korea Armed Forces.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. E statements;

1. Application of Acts and subordinate statutes to the protocol of seizure and list of seizure, and report on investigation (Attachment of seized articles);

1. Article 329 of the Criminal Act and Article 329 of the Criminal Act and the choice of fines for criminal facts;

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

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

1. In light of the favorable circumstances, the Defendant did not want to receive the Defendant’s punishment by returning 4 goms that were stolen by the victims of reasons for the sentencing of Article 334(1) of the Criminal Procedure Act, and the Defendant did not have any record of punishment in addition to the one-time suspended sentence due to an act of violence on the part of around 2012. This case should be taken into account, given that the Defendant was driving his own vehicle at night and repeated the act of theft twice during the night, and that the offense is not good in light of the applicable criminal law.