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(영문) 광주지방법원 장흥지원 2017.06.15 2017고단77
절도
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

At around 12:58 on May 12, 2017, the Defendant: (a) stolen cash of KRW 48,000, which was owned by the victim N in the blood pressure measuring instrument; (b) one head of the agricultural bank; and (c) one cell phone phone market value of KRW 40,000.

Summary of Evidence

1. Statement by the defendant in court;

1. N’s statement;

1. Application of Acts and subordinate statutes to on-site photographs and damaged photographs;

1. Article 329 of the Criminal Act applicable to the facts constituting an offense and Article 329 of the choice of punishment;

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

1. In full view of the elements of sentencing under Article 334(1) of the Criminal Procedure Act as well as the elements of sentencing under the grounds for sentencing, and all the conditions of sentencing as shown in the records and arguments, including the Defendant’s age, sexual conduct, environment, circumstances before and after the crime, and circumstances before and after the crime, the punishment is determined as ordered.

The factors of sentencing that are favorable: The factors of sentencing that are disadvantageous to the defendant, such as the fact that the defendant acknowledges his mistake and reflects the defendant, that the victim does not want to punish the defendant, that the amount of damage is low, and that almost all the damage has been recovered: seven previous crimes.

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