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(영문) 인천지방법원 부천지원 2018.12.14 2018고정862
절도
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On July 29, 2018, the Defendant discovered and stolen the victim’s property at the victim’s expense in Samsung G Gallon, the market value of which is equivalent to KRW 1,100,000,000, in Samsung C’s stairs in Bupyeong-si B market around 17:37, 2018.

Summary of Evidence

1. Statement made by the police against C;

1. A photograph of a closure;

1. Investigation report (on-site CCTV confirmation and investigation into the surroundings);

1. In full view of the evidence duly adopted and examined by this court, the defendant left the victim's goods without any justifiable reason, and the victim failed to comply with the request even though he/she attempted to communicate by using mobile phones. Even if the defendant's assertion, he/she did not take any measures to return the damaged goods to the victim for a considerable period of time while keeping the damaged goods at the place known to him/her, and the defendant stored the damaged goods for a considerable period of time.

It can be recognized that there is no damage in the place of assertion, and the intent of theft can be sufficiently recognized even under the above circumstances.

Application of Statutes

1. Relevant Article 329 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act, repeating the argument that the Defendant cannot be able to understand, the punishment is determined by comprehensively taking account of the following: (a) the Defendant’s age, sexual conduct, environment, background leading up to the instant crime; (b) background leading up to the instant crime; (c) circumstances leading up to the instant crime; (d) circumstances leading up to the crime; and (e) the record of the crime, etc., as indicated in the instant records and arguments, where liability for the instant crime was not recognized; (e) the value of the damaged goods was not specified; and (e) the damaged goods were not recovered; and (e

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