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(영문) 의정부지방법원 2020.09.23 2020고단236
절도
Text

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

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

Reasons

Punishment of the crime

On October 14, 2019, around 18:23, 2019, the Defendant stolen the gap between the victim E (n, the age 41) and the victim E (n, the age 41) in the 'D' store located in Gui-si B, Gui-si B by means of putting the f9,000 won and the sales of the f9,000 won into the bank where the 69,000 won was brought.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and seizure of the E statement;

1. Application of Acts and subordinate statutes to report on investigation of theft-related photographs (in addition to damaged articles, CCTV additional analysis, and submission of suspect diagnosis reports);

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. On November 27, 2017, the Defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, committed the instant larceny crime even during the period of suspension of execution, even though the said judgment was final and conclusive as having been sentenced to probation on the grounds of fraud, violation of the Electronic Financial Transactions Act, theft, one year and eight months, and one year and eight months, and the probation became final and conclusive.

After the judgment above, the Defendant was punished by a fine twice for the larceny crime committed before the crime of this case.

In light of the fact that the defendant repeatedly commits the larceny, the possibility of criticism is high.

However, in light of the above circumstances, the defendant's recognition of the crime of this case is against the defendant, the defendant voluntarily made a statement on the remaining larceny that the victim did not report while being investigated by the investigative agency, the value of the damaged goods is not relatively large, the damaged goods were returned to the victim, the defendant seems to have reached the crime of this case due to shock disorder, etc., and the defendant's child is leading the defendant. Considering the favorable circumstances, such as the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record relation.

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