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(영문) 서울서부지방법원 2021.01.13 2020고정1106
절도
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On July 3, 2020, around 01:3, 2020, the Defendant discovered and stolen yellow-flaps equivalent to KRW 100,000 in the market price, including 10,000,000 in cash, 50,000,000, which was issued by the victim D (42 tax) on the front road of Mapo-gu Seoul, Seoul. The summary of the evidence was that the Defendant discovered yellow-flaps equivalent to KRW 100,00 in the market price, Samsung Card, etc.

1. Statement by the defendant in court;

1. Police statements prepared in connection with D;

1. Application of Acts and subordinate statutes for report on internal investigation (verification of video records of black stuffs by a person suspected of being killed in action);

1. Relevant Article 329 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

1. Article 70 (1) and Article 69 (2) of the Criminal Act on the confinement in a workhouse (where a sentence of suspension of execution is invalidated or revoked)

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act appears to be against the defendant while making a confession of the crime, there is no means to impose any criminal punishment against the defendant, in a civil lawsuit between the victim and the defendant, the settlement recommendation was issued and confirmed as the defendant compensates for the amount of KRW 4 million, and the defendant has completed the compensation, and other circumstances regarding the sentencing under Article 51 of the Criminal Act, such as the defendant's age, sex behavior, environment, criminal records, and circumstances after the crime, shall be determined as ordered by the order.

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