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(영문) 창원지방법원 거창지원 2016.12.07 2016고단418
절도
Text

Defendant shall be punished by a fine of KRW 3,000,000. If the Defendant fails to pay the said fine, 100.

Reasons

Punishment of the crime

On August 30, 2016, the Defendant: around 13:10 on August 30, 2016, the Defendant stolen the victim D, with cash 133,00 won, national card 1, and wallets containing one driver’s license, which was located on the table, by taking advantage of the gaps in which supervision was neglected by the victim D while putting the bank services in the counter.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Article 329 of the Criminal Act applicable to criminal facts and Article 329 of the choice of punishment (Selection of Fine: the defendant has many criminal convictions due to the same criminal conduct, and the defendant does not commit the crime of this case during the period of repeated crime resulting from the same crime, and it is necessary to strictly punish the defendant. However, the defendant is seriously against his/her criminal conduct, and the value of thief is relatively small, damaged goods have been returned to the victim, and the victim has not been punished, taking into account the fact that he/she is not able to prevent the larceny again, and then, he/she shall choose a fine instead of imprisonment with prison labor instead of imprisonment)

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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