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(영문) 대구지방법원 서부지원 2018.11.21 2018고단481
절도
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On November 12, 2017, the Defendant: (a) around 16:54, the victim C’s clothes operated by the victim C in Daegu Seo-gu, Daegu-gu around 16:54, and (b) then stolen the Defendant, using the above methods, with one nart set of the victim C’s market value of KRW 89,000 and one nive set of KRW 69,000, the market value of the victim C, which was displayed at the same place, and one nives of KRW 89,000, and one nives of KRW 69,000, the market value of which was owned by the victim F, the victim F, operated by the victim F, around 17:18 of the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each statement of H and I;

1. Police seizure records;

1. Application of the Acts and subordinate statutes to report internal investigation (investigation into the verification of CCTV at the scene of damage), screen pictures of crime scene;

1. Article 329 of the Criminal Act of the relevant criminal facts, the selection of fines (the defendant committed the crime of this case during the period during which the defendant was suspended from committing the same crime, but the defendant led to confession and reflects the crime of this case, agreed with the victims, and being treated for the prevention of recidivism in connection with the increase of military walls, and other circumstances shown in the arguments of this case shall be taken into account);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The defendant and his defense counsel asserted as to the assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order. The defendant asserts to the effect that the defendant was in a mental and physical state due to military wall at the time of committing the crime in this case.

According to the records, although the defendant is currently receiving medical treatment on the ground of military register barriers, this case is acknowledged, such as the circumstance of the crime of this case, the method and mode of the crime, the circumstances after the crime, in particular, the circumstance of the defendant's crime, and the situation at the time of the crime, etc.

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