(영문) 부산지방법원 동부지원 2019.06.19 2019고단455

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(영문) 부산지방법원 동부지원 2019.06.19 2019고단455

절도

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Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 28, 2018, the Defendant was sentenced to imprisonment with prison labor for larceny at the Busan District Court on September 28, 2018, and is now suspended on October 6, 2018.

On March 1, 2019, around 00:42, the Defendant, at D sales stores managed by the victim C in Suwon-gu, Busan, 2019, was stolen by putting the gap in the victim’s surveillance neglected at the entrance of other Mat-gu, the sum of 22,800 won, including 6,900 won per the market price of 9,900 won, 6, 8,900 won per the market price, 6, 4,000 won per the market price, and 6, 22,800 won per the first of the test plastic bars.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation report (to hear statements by shots and to verify CCTV images);

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (report attached to the same type of electric records, etc.);

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

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

1. In light of the fact that the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order commits the instant crime without being able to do so during the period of suspension of execution, and that there are several occasions of past records of punishment for the same kind of crime, the criminal liability of the defendant is

However, a fine shall be selected by taking into account the following: (a) the Defendant reflects his mistake in depth; (b) the victim seeks the Defendant’s wife by agreement with the victim; (c) the amount of theft damage and the amount of theft damage appears to have been returned to the victim; and (d) the Defendant appears to have suffered serious injury while escaping after the instant crime was committed; and (c) the amount of the fine shall be determined, such as

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