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(영문) 청주지방법원 영동지원 2013.09.05 2013고단79
절도
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On April 5, 2012, the Defendant was sentenced to one year and six months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) in the Youngju District Court’s Yeongdeungpo-dong branch on April 5, 2012, and the said judgment became final and conclusive on April 13, 2012. On October 18, 2012, the same court was sentenced to six months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violence, etc. (a collective, deadly weapons, etc.) and two years of suspended execution, and the said judgment became final and conclusive on October 26,

Criminal facts

On March 1, 2013, at around 02:00, the Defendant: (a) cut down a neck line using a log in a breater while under the influence of alcohol at the victim D’s “Ecafeteria”; (b) cut down the brea line with a stronger, which was in the influence of alcohol; and (c) cut down the victim’s market value of KRW 50,000.

Summary of Evidence

1. Defendant's legal statement;

1. Entry of F in the protocol of suspect examination by the prosecution;

1. Statement made by the police on D;

1. Images of each photograph;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report attached to written judgments);

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning criminal facts;

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

1. The sentencing grounds of Article 334(1) of the Criminal Procedure Act for the provisional payment order include a large number of criminal records, and in particular, even if the defendant was sentenced to a fine due to a crime of intrusion upon residence during the period of probation, the crime in this case is again committed, and the nature of the crime is not good. However, it is so decided as per Disposition in view of the following: (a) the victim is not subject to the punishment for the defendant; (b) the victim was forced to return his/her discretion and the damage was recovered; and (c) the defendant stolen a theft of an amount equivalent to 50,000 won

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