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(영문) 광주지방법원 장흥지원 2018.01.25 2017고단154
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

On June 1, 2017, the Defendant opened a door that was owned by the victim E at the D community center in front of the D community center located in Gangnam-gun, Namjin-gun, Seoul on June 1, 2017, and stolen the Defendant, with only 210 % of the original right (total 10.5 million won), tobacco 2 A, and 4.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of statutes on records of seizure and lists of seizure;

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 elements of favorable sentencing: The defendant confessions, the fact that the damage was almost recovered due to the restoration of the damaged goods (the unrefised damage amount is approximately KRW 2.10,00), and the fact that the defendant is a disabled person of Grade III intellectual disability (the intelligence of the defendant seems to be lower than his age): The factors of unfavorable sentencing are the same criminal records and four times: the fact that the defendant committed the crime of this case before the lapse of four months from the date on which the execution of imprisonment was completed due to habitual larceny.

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