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(영문) 서울동부지방법원 2018.04.17 2018고정138
절도
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On November 1, 2017, around 18:24, the Defendant: (a) committed a theft by carrying 150,000 won of the market price of the victim E (70 tax) owned by the victim E (70) who was established to use for promotional events before the D convenience store located in Gwangjin-gu Seoul Special Metropolitan City.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. E statements;

1. Application of Acts and subordinate statutes to investigation reports (CCTV image data);

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

1. Penalty fine of 300,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59 (1) of the Criminal Act ( normal circumstances favorable to the defendant) of the suspended sentence (see, e.g., Supreme Court Decision 201Do148, Apr.

However, in full view of the fact that the state of the damaged goods at the time does not seem to have been lost, as well as the display stand, and that there was the winner of the parts, it is possible to expect that the goods have yet to be used, and that the Defendant did not have been able to easily confirm whether the goods were abandoned to the victim, the above assertion is without merit.

The sentence shall be determined as ordered in consideration of the sentencing conditions shown in the trial of this case, such as the fact that the defendant has already been suspended twice due to the same crime, the damaged items have been returned, the victim expressed his intention not to punish, and the defendant's health condition, etc.

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