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(영문) 인천지방법원 2020.12.22 2020고단9394

절도

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is the guardian of the C Hospital located in Gyeyang-gu Incheon, and the victim D is a patient hospitalized in the above C Hospital E ward.

At around 20:54 on September 2, 2020, the Defendant moved out of the sick room the victim's house, using the cresh of the victim's cresh, and moved out 4,000 won in cash, which is the victim's possession, 10,000 won.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Statement by the police concerning D's legal statement of the defendant;

1. Application of Acts and subordinate statutes to report investigations;

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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of punishment by law: A fine not exceeding 10 million won;

2. The sentencing criteria are not applicable as the scope of a fine according to the sentencing criteria has been selected;

3. The crime of this case, which was sentenced to punishment, was committed by the defendant by taking 42,00 won in cash within the victim's household while the victim was living together, and was stolen. In light of the substance of the crime, the criminal liability is heavy; the defendant committed the crime of this case during the period of repeated crime with the same kind of crime; the defendant committed the crime of this case in April 2020; and the defendant again committed the crime of this case without being aware of the person who was sentenced to a fine by this court for larceny and without being aware of it.

However, there is a family member who should support the defendant, such as the defendant's wife and two children who are suffering from the defendant's confession of the crime of this case, the amount of damage to the crime of this case is relatively minor, the defendant returned the amount of damage to the victim, and the victim did not want the punishment against the defendant, and the records of evidence 16 pages, and the defendant's age, character and conduct.