(영문) 광주지방법원 2015.02.10 2014고정2356

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(영문) 광주지방법원 2015.02.10 2014고정2356

절도등

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Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. On April 23, 2013, at around 10:30 on April 23, 2013, the Defendant entered the house of the victim C (the age of 37) in Nam-gu, Nam-gu, Gwangju, and opened the entrance door and opened the door door and intrudes on the residence of the said victim.

2. The Defendant: (a) was stolen by taking one of the 30,000 won of the market price owned by the victim who was in a small or small snife snife at the above time.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of investigation reports (the photograph of a victim who has been abandoned by a suspect), investigation reports (the form of using a stolen card by a suspect), and statutes;

1. Relevant Article 319(1) of the Criminal Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act, and the selection of fines for the crime;

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. It is recognized that the reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant’s mistake was divided and reflected; and (b) the Defendant appears to have some circumstances to consider the circumstances leading to the instant crime; and (c) it is difficult to view that the damage amount of the instant case is large.

However, on the other hand, in light of the background, means, and methods of the instant crime, etc., the Defendant committed the instant crime without being aware of the fact that he/she had been punished two times by imprisonment due to the attempted theft in the past, intrusion upon residence, violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., taking into account all the circumstances that form the conditions for sentencing specified in the instant pleadings, such as the Defendant’s age, character and conduct, environment, motive and circumstance of the instant crime, etc., and the following circumstances.

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