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부산지방법원 2017.04.12 2017고정33

Defendant shall be punished by a fine of KRW 300,000.

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


Punishment of the crime

In light of the overall purport of the indictment and the record of evidence, the facts constituting a crime was partly revised according to the facts acknowledged within the extent that does not substantially disadvantage the defendant's defense right.

On June 2, 2016, the Defendant: (a) around 12:20 on June 12, 2016, at the display stand in Busan Dong-gu C, the Defendant: (b) 1,800 won of the market price of 9,800 won; (c) 1 soften-ju-ju-ju-ju-ju-ju-ju-ju-ju-ju-ju-ju-ju-ju-ju-ju-ju-ju-ju, the market price of which is equivalent to KRW 6,700, the market price of which is equivalent to KRW 5,000, the market price of KRW 5,280, the 15,960, the market price of which is equal to KRW 15,960; (d) 1,11,200,100,000 of the total market price; and (d) 1,740,700,000 won of the total market price of the above goods.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the receipt statute

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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant is the primary offender; (b) the recognition of his mistake and reflects; (c) the full repayment of the amount of damage to the victim; and (d) the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime; and (b) the circumstances constituting the conditions for sentencing, such as the circumstances after the crime, shall be mitigated to a more mitigated sentence.