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(영문) 대전지방법원 2018.09.28 2018고단1515
절도
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On February 19, 2018, the Defendant: (a) stolen Samsung Gallon No. 6, which the victim E opened on the table at around the 500,000 won of the market price of the victim’s ownership, which was located in Daejeon Jung-gu, Daejeon. (b) on February 19, 2018, with a S6 mobilephone and a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Article 329 of the Criminal Act and selection of fines concerning facts constituting an offense;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act was three times for the same crime (one suspended sentence and two times for a suspended sentence), and in particular, on March 15, 2017, the Busan District Court was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act, etc. on the part of the Busan District Court’s branch branch branch branch, and on September 11, 2017, completed the execution of the above sentence, and thus, the Defendant must be aware of the instant crime for three years after the release, but it is not good to commit the instant crime.

However, in consideration of the fact that the defendant's mistake is against the defendant, the damage is not significant, the defendant has reached an agreement with the victim late later, and the defendant committed the crime of this case during the period of repeated crime and thus, the defendant is bound to be sentenced to a sentence. This is considered to be too harsh in light of the aforementioned circumstances. However, the punishment as ordered is determined by taking into account various sentencing conditions shown in the records and arguments of this case, such as the defendant's age, sexual behavior, environment, etc.

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