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Reasons
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(영문) 대구지방법원 2013.06.13 2013고단2849
절도등
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Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. The Defendant is a thief who was on duty as a thief and was absent from office, and the victim D is a seafarer of the said C.

Around 10:00 on December 27, 2012, the Defendant: (a) at the victim’s accommodation located in E at the victim’s accommodation located in Jeju on December 27, 2012; (b) took advantage of the gaps that the victim did not depart from the accommodation, and stolen them by having one set of plastic paper and a finite, which contains a sum of KRW 50,000,000 at the victim’s market price, equivalent to KRW 90,000,000, the market price of which is equivalent to KRW 90,000,000.

2. On December 27, 2012, from around 10:00 to around 01:05 of the same month, the Defendant carried a food map (32 cm in total length, 193 cm in blade) that is a dangerous object, such as the preceding paragraph, in the same City H Japan, including Gamba, located in the city F, from around 10:0 to around 01:05 of the same month, without justifiable grounds, by hiding it into the Defendant’s selling retail.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Written statements of D;

1. Application of Acts and subordinate statutes to the place of seizure and photographs of seized articles;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for a crime, Article 329 of the Criminal Act, Article 7 of the Punishment of Violences, etc. Act (the point of carrying a deadly weapon with no justifiable reason), and the selection of a fine;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition in consideration of the following: (a) there is no record of criminal punishment of the defendant for sentencing under Article 334(1) of the Criminal Procedure Act; (b) there is no record of criminal punishment; (c) the confession of all the crimes and the misunderstanding of errors; (d) the victim does not want the punishment of the defendant; and (e) the defendant himself appears to have been carrying with himself the consciousness of extreme choice by emphasizing his wife’s position; and (e) the defendant

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