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(영문) 의정부지방법원 2017.08.17 2017고정131
절도
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

From September 13, 2016 to September 13, 2016, the Defendant: (a) committed a theft by taking 23 percent of the market value equivalent to KRW 100,000,000,000, which is owned by the victim D (36 tax) located in front of C Office in the Gyeonggi-do Office for approximately four occasions; and (b) holding them as hand or holding them as hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocols of examination of witnesses regarding D;

1. Application of Acts and subordinate statutes to record on the spot and CCTV images, and CCTV images on the theft site;

1. Article 329 of the Criminal Act applicable to the facts constituting an offense and Article 329 of the choice of punishment;

1. Penalty fine of 300,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (one hundred thousand won per day converted);

1. Article 59(1) of the Criminal Code of the Suspension of Sentence (the victim, knowing that there was no soil in this case and again brought about to the original place at the time of his request for return to the victim, and there was almost no record of criminal punishment except that of the defendant who was sentenced to a fine of KRW 300,000 due to the violation of the Special Act on the Settlement of Traffic Accidents around 1991; the background leading to the crime in this case; and the character, conduct and environment of the defendant, etc. taken into account the various circumstances shown in the arguments in this case, such as the circumstance leading to the crime in this case; it is determined that even if the defendant was not sentenced to punishment, it constitutes a case where the defendant would not be subject to punishment

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