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(영문) 수원지방법원 2018.02.07 2017고단5834
절도
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On September 27, 2017, the Defendant was sentenced to one year of imprisonment for violating the Road Traffic Act (unlicensed Driving) at the Suwon Friwon method, etc., and the said judgment became final and conclusive on December 8, 2017.

around 12:00 on May 13, 2017, the Defendant stolen one container (4m x 8m) equivalent to KRW 1.8 million at the market price of the victim D (4m x vertical length 8m) at the time of harmony, with the string of 263 as a car straw up to the nearby gardening of the volcanic Sports Park.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness D;

1. Each police statement made to E and F;

1. A copy of the container trading contract, a paper of the container's location photograph, a container's list of reported cases, the site and container photographs, and an investigation report ( telephone conversations between the parties to the business for which a container, which is a damaged article, has been moved);

1. Previous convictions in judgment: Application of inquiries, such as criminal history, and the text of the judgment;

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

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That the proviso to Article 39 (1) shall apply;

1. Article 70(1) and Article 69(2) of the Criminal Act for the reason of sentencing are concurrent crimes after Article 37 of the Criminal Act, and the sentencing criteria are not applicable.

Taking into account the fact that there has been a history of punishment several times for the same crime, in particular, the crime of this case has been committed without being aware of it during the period of repeated crime for the same crime, the defendant has committed the crime of this case, the defendant has led to the confession of the crime of this case, the agreement has been reached with the victim, and the crime of this case is in the relation of concurrent crimes between the crime for which judgment has become final and the crime of this case has become concurrent crimes after Article 37 of the Criminal Act,

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