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(영문) 서울남부지방법원 2017.07.07 2017고단2014
절도
Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be added.

Reasons

Criminal facts

The defendant around 18:20 on 04. 09. 09. 18:20 on 18:20 on 19. 04. 0, the defendant is in a double-water portable toilet with the total amount of not more than 163-5, Yeongdeungpo-gu, Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, the defendant

The string of the string bicycle was set up in the string, and the string of the bicycle was stolen by string the bicycle in the way of stringing the bicycle with the gap between the victim and the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. Application of Acts and subordinate statutes to photographs of damaged articles;

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 to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (the sentencing guidelines are not applicable because the defendant was selected to impose a fine) of the Criminal Procedure Act on the order of provisional payment (the sentencing guidelines are not applicable) not only have the record of being punished several times as a same crime, but also have the nature of crime in that the defendant committed the crime of this case without being aware of it during the period of repeated crime. However, it is not good that the defendant committed the crime of this case in response to his mistake while committing the crime of this case, and the defendant made efforts to raise mental problems while receiving mental treatment, and again, he does not stop such crime.

The punishment as ordered shall be determined by taking into account the following circumstances: (a) the fact that the damaged thing has been returned, the damage has been recovered, and the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc. and all the sentencing conditions specified in the previous theories, such as the records of this case and the circumstances after the crime.

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