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(영문) 대구지방법원 2018.11.28 2018고단4040
절도
Text

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

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

[criminal records] On June 16, 2016, the Defendant was sentenced to imprisonment with prison labor for habitual larceny, etc. at the Seo-gu District Court Branch Branch of the Daegu District Court, and completed the execution of the sentence on June 30, 2017.

[Criminal facts] 2018 Highest 4040

1. On August 13, 2018, the Defendant: (a) committed a theft with a single set of Kim G&D in an amount equivalent to KRW 5,250 won in the market price owned by the victim C, which was operated by the victim C in Daegu Northern-gu, Daegu-gu, Seoul-gu around 23:36, using the gaps of the employee’s surveillance negligence; and (b) committed a theft with a single set of 1,300 won in the market price.

2. The Defendant committed the crime on August 16, 2018: (a) committed a theft by using a gap in the surveillance negligence of employees at the places indicated in paragraph (1) around August 16, 2018; (b) with a studio gate equivalent to KRW 2,700 in the market price owned by the victim C; and (c) with a studio gate equivalent to KRW 2,700 in the market price.

『2018 고단 4457』 피고인은 2018. 8. 31. 14:22 경 대구 북구 E에 있는 피해자 F이 운영하는 G에서 피해자의 감시가 소홀한 틈을 이용하여 그 곳 진열대에 있는 피해자 소유인 시가 13,500원 상당 씸 플 담배 3 갑, 책상 위에 있는 현금 4,000원을 가지고 나왔다.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

"2018 Highest 4040"

1. Statement by the defendant in court;

1. C’s statement;

1. CCTV photographs and damaged objects photographs " 2018 Highest 4457";

1. Statement by the defendant in court;

1. A written statement;

1. Application of Acts and subordinate statutes to a investigative report (to attachCCTV video, etc.);

1. Relevant Article 329 of the Criminal Act and the choice of fines for criminal facts;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes committed the instant crime during the period of repeated crimes for the same kind of crime. However, considering that the Defendant’s mistake is against himself/herself, the instant crime is committed, the amount of damage is very small, and the Defendant agreed with the victims, etc., the Defendant shall be punished by a fine.

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