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(영문) 의정부지방법원 고양지원 2018.07.20 2018고단962
절도
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On April 10, 2018, the Defendant: (a) committed a theft of 300,000,000, from the bicycle riding room in front of the police station located in 97, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu; (b) the victim C’s market price located therein was equivalent to KRW 400,000,000,000. The summary of the evidence was stolen.

1. Statement by the defendant in court;

1. C’s statement;

1. Application of the Acts and subordinate statutes to photographs of damaged objects, and CCTV images taken in front of the place of his/her residence;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, committed the instant crime during the period of probation, even though he/she had been sentenced to imprisonment for larceny on December 14, 2017 and was sentenced to two years of suspended execution on December 14, 2017.

However, the defendant's mistake is against himself, and the injured party wishes to take the action against the defendant by the unanimous agreement with the injured party.

There is no substantial damage caused by stolen bicycles returned to the victim.

The defendant is receiving drug treatment and psychological treatment, and thus preventing recurrence.

In light of the above efforts and social relationship between the defendant and his person, the above suspended sentence alone seems to have the effect of preventing recidivism.

The sentence shall be determined as ordered by taking into account all the factors of sentencing as shown in the pleadings of the instant case, such as the Defendant’s age, sexual conduct, environment, family relationship, motive for committing a crime, means and consequence of a crime, and the circumstances after committing a crime.

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