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(영문) 창원지방법원 2020.02.07 2019고단3311
절도등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

[Criminal Power] On July 11, 2019, the Defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution at the Changwon District Court on July 19, 2019, and the judgment became final and conclusive on July 19, 2019.

【Criminal Facts】

1. At around 07:20 on April 11, 2018, 2018, the Defendant stolen the victim E (one hundred and fifty thousand won) who had sexual intercourse with the victim E (one another person) for the purchase of sex through Internet hosting fluor D from the window Bel of Changwon-si, Changwon-si, and then had sexual intercourse with the victim, and then, the victim got off the victim’s clothes in the toilet and 300,000 won.

2. Around April 11, 2018, the Defendant violated the Road Traffic Act (free license) driving of FMW vehicle without obtaining a driver’s license in the vicinity of the Batop in Changwon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of partial police statements of E;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of inquiry reports and investigation reports (Attachment to final judgment, etc.)-related statutes;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, subparagraph 2 of Article 154, Article 43 of the Road Traffic Act, and the selection of fines;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act (unapplicable to sentencing criteria) of the provisional payment order shall be determined as ordered by taking into account all the various circumstances, including the following circumstances: the age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

Unfavorable circumstances: In the case of larceny crime, there are favorable circumstances such as the theft of the property of the victim who has metered for the purchase of sex, the poor quality of the crime, and the fact that the criminal act without license was committed for the same kind of crime: the defendant is divided into and against the mistake.

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