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(영문) 창원지방법원 마산지원 2019.05.10 2019고단150
절도
Text

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

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

Reasons

Punishment of the crime

[Criminal Power] On October 19, 2017, the Defendant was sentenced to 6 months of imprisonment with prison labor for larceny at the Gwangju District Court and 2 years of suspended execution, and the judgment became final and conclusive on the 27th of the same month, and is still under suspended execution.

【Criminal Facts】

1. On January 19, 2019, at around 11:40, the Defendant stolen the victim’s property with a 1.60,00 won-in scam tool, which was the victim’s possession in the display room by taking advantage of the gaps of employees’ attention at the victim C’s D points located in Chang-gu, Changwon-si, Changwon-si, Seoul Special Metropolitan City.

2. At around 12:50 on January 26, 2019, the Defendant, at the above upper point, stolen the property of the victim with a 4.10,00 won of the market price owned by the above victim, which was located in the display room by taking advantage of the gaps of employees’ attention.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Photographss of damaged goods, CCTV images, and images of clothes taken;

1. Previous records of judgment: Criminal history records, probationary orders, copies of judgment, and application of Acts and subordinate statutes to investigation reports;

1. Article 329 of the Criminal Act and Article 329 of the same Act concerning criminal facts and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order has been committed several times for the same crime, and the defendant has been punished several times for the same crime during the probation period.

On the other hand, while the defendant denied the fact of crime at the early investigation stage, the defendant recognized the fact of crime after the fact of crime, the defendant agreed to do so with the manager of the victim who was closely engaged in the crime, and the victim wanted to take the action of the defendant.

On the other hand, the following circumstances need to be considered in the instant case.

- It is difficult to conclude that the Defendant was in a state of mental disability at the time of crime.

However, the theft of defendants is various.

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