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(영문) 서울중앙지방법원 2016.08.25 2016고단3635
절도
Text

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

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

Reasons

Punishment of the crime

On April 23, 2016, around 17:00, the Defendant, within 350 Han Bank-ro, Gwanak-gu, Seoul Special Metropolitan City, Dao-ro, 350, used the ATM machine, and then stolen the victim’s 6S (up to 800,000 won in the market price).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. C’s statement;

1. CCTV photographs;

1. Application of Acts and subordinate statutes to a criminal investigation report (CCTV image verification);

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 sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is based on the following circumstances: (a) the defendant recognized the crime and reflects the fact that the defendant recognized the crime; (b) the victim who neglected the Handphones during the ATM period; (c) the defendant paid a cash of KRW 1.5 million to the defendant so that the victim only agreed with the victim; and (d) the victim does not want the punishment against the defendant; and (e) the defendant's age, sex behavior, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc. and the sentencing conditions specified in the pleadings of the instant case are considered.

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