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(영문) 대구지방법원 서부지원 2021.02.09 2019고단556
절도
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On February 21, 2019, around 12:34, the Defendant: “D” managed by the Victim C in Daegu Seo-gu, Seogu, Daegu-gu, by the victim C; (b) stored the victim’s gaps in the air conditioners of other convenience stores in a total of 7,100 won at the market price, which was displayed in the air conditioners of other convenience stores; and (c) stolen the victim’s bucks and coffee 2 bottles, and 1 bottles.

Summary of Evidence

1. Application of Acts and subordinate statutes to a written investigation report (such as attaching photographs of damaged articles) to the accused in the police interrogation protocol;

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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act include many persons who have been punished for the same crime. In particular, even if the defendant was sentenced to a suspended sentence of imprisonment for larceny on December 19, 2018 and was sentenced to a suspended sentence of two years on December 19, 2018, recidivism is disadvantageous to the defendant.

However, considering the fact that the defendant is old, mentally and physically healthy, the damage of this case is relatively small, and the defendant appears to have been detained and punished for larceny committed at a time similar to the crime of this case (Seoul District Court 2019 High Court 2019 High Court 688, etc.), etc. In addition, taking into account all other circumstances, such as the character and conduct of the defendant, the environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the punishment shall be determined as ordered by the order.

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