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(영문) 서울동부지방법원 2019.08.29 2019고단2044
절도
Text

Defendant shall be punished by a fine of KRW 500,000.

The provisional payment of the amount equivalent to the above fine shall be ordered.

Reasons

Criminal facts

At around 18:20 on November 16, 2018, the Defendant: (a) placed the victim’s goods on the above-mentioned toilet stop site; (b) placed the victim’s goods on the victim’s goods; (c) cut off the victim’s goods; (d) 30,000 won in cash, 30,000 won in the market price of the victim’s possession; (d) 1 copy in the new card; and (e) cut off the victim’s property on the market price of the non-developed passport site.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or C;

1. Application of C’s written laws and regulations

1. Relevant Article 329 of the Criminal Act and Selection of Punishment for the Crime. Article 329 (Selection of Fine)

1. Article 2 and Article 60 (2) of the Juvenile Act, Article 55 (1) 6 of the Criminal Act to mitigate juvenile offenses;

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is deemed to have been disposed of without returning it, even though the defendant received a request from the victim to return the goods immediately after the crime, and the defendant did not do so.

In particular, the defendant denied the crime for a considerable period and waste the investigation power of the investigation agency.

In light of this point, it is necessary to strictly punish the defendant.

On the other hand, the circumstances favorable to the defendant should be considered in light of the fact that the defendant recognized the defendant's mistake at the latest and reflected, the restoration of the damage to the victim and the smooth agreement is reached, and the fact that there is no criminal record already punished.

In addition, the conditions of various sentencing as shown in the trial process of this case, such as the age, character and conduct, environment, and circumstances before and after the crime, shall be determined as per Disposition.

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