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(영문) 의정부지방법원 2017.03.22 2017고단629
절도
Text

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

On May 2016, 2016, the Defendant: (a) transferred the leased building 101 administered by the victim B in the Gu of the Sinsan-si, a member of the Sinsan-si; (b) one of the main body of LG air conditioners, one of air conditioners outside the air conditioners, and one of air conditioners, which are equivalent to KRW 400,000,000,000, in total, managed by the damaged person by using those that had been living instead of serving a sentence, to a senior in the street.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement concerning C in a protocol concerning the examination of suspect of the police;

1. Statement in the police statement protocol against B; and

1. Application of statutes on site photographs;

1. Article 329 of the Criminal Act applicable to the facts constituting an offense and Article 329 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing of Article 334(1) of the Criminal Procedure Act (the sentencing criteria shall not apply as the case has been selected by a fine)

On November 6, 2013, the Defendant was sentenced to imprisonment with labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) in a support for childbirth of Suwon Friwon method and committed the instant crime again on March 23, 2015, even though the execution of the sentence was completed, the Defendant committed the instant crime again.

However, a fine shall be imposed on a defendant in consideration of the fact that the defendant led to the crime, and that the defendant repaid 400,000 won to the victim after the conclusion of pleadings, and that the damage caused by the crime was recovered by mutual consent, as well as that the victim

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