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(영문) 전주지방법원 군산지원 2015.11.27 2015고단715

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

[Criminal Power] On July 17, 2014, the Defendant was sentenced to a suspended sentence of ten months of imprisonment with prison labor for larceny, etc. in a military mountain support of the Jeonju District Court on July 17, 2014, and the said judgment became final and conclusive on the 25th of the

【Criminal Facts】

피고인은 2015. 5. 13. 04:36경 군산시 C에 있는 피해자 D이 운영하는 E 뒤 재배장에서 피해자가 퇴근하고 없는 틈을 이용하여 그곳에 있던 피해자 소유의 시가 30,000원 상당의 린지하이나 6개, 시가 120,000원 상당의 사라히메 4개, 시가 2,500원 상당의 라울 1개, 시가 20,000원 상당의 한스 1개, 시가 2,500원 상당의 메비나 1개, 시가 2,500원 상당의 레티지아쨉 1개 등 총 687,500원 상당의 다육식물을 가지고 가 절취하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A report on internal investigation (CCTV photographs, accompanied by a quotation, etc.), photographs, receipts, internal investigation reports, and photographs;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is high in possibility of criticism by repeating the same crime against the same victim even though the defendant committed the same crime against the same victim during the period of probation. However, damage to the larceny crime of this case is relatively small, the damage was recovered, the victim wishes to take the defendant in the last place by mutual consent with the victim, the defendant recognized the crime and is against the defendant. The defendant did not have committed the same crime before 2014, and there is no lack of evidence that there is a need to view it as being subject to mental diagnosis and treatment in relation to the crime of this case since the motive for the crime of this case is not clear, and there is no other reason to view it as being subject to mental diagnosis and treatment in relation to the crime of this case.