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(영문) 대구지방법원 2017.11.30 2017고정1490
절도
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On June 18, 2017, at a “D” restaurant located in Daegu-gu Daegu-gu, Daegu-gu, around 00:55, the Defendant stolen the victim E, who is the owner of the business, with one LG smartphone in the market price of KRW 800,000,000, which was located on the table table, by taking advantage of the gaps where surveillance was neglected by the victim E, who was the owner of the business.

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. Statement made by the police for E;

1. Police seizure records and list of seizure;

1. Application of Acts and subordinate statutes to each investigation report (to attachCCTV criminal photographs, and to attach damaged 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. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant acknowledges and reflects his mistake at the latest; (b) the damaged goods were returned to the victim; (c) the Defendant did not have any record of being punished for the same kind of crime; (d) the Defendant was in a 5th degree of brain climatic disorder; (b) the Defendant was unable to receive a letter from the injured party; and (c) the Defendant’s age, sexual conduct, family relationship, family environment, motive and consequence of the crime; and (d) the various sentencing conditions specified in the instant records and arguments, such as the circumstances after the crime, are considered.

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