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(영문) 서울남부지방법원 2018.03.27 2017고단6383
절도
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On November 9, 2016, the Defendant was sentenced to a suspended sentence of 6 months of imprisonment with prison labor for night intrusion larceny in Seoul Southern District Court, and on November 17, 2016, the said judgment became final and conclusive.

Criminal facts

At around 03:20 on November 11, 2017, the Defendant: (a) opened a closed door that was not corrected; (b) intruded into the tobacco display stand, and (c) stolen the Plaintiff’s property owned by the victim of the amount equivalent to KRW 135,300, totaled of KRW 135,300, 15, 15, 1300, 1, etc. of the Specialized Regional Aggregate Tobacco in the Aradem, the market price of which is equivalent to KRW 6,00, the market price of which is equivalent to KRW 5,00.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Investigation reports (on-site CCTV investigations);

1. Previous convictions in judgment: Inquiry into criminal history, reporting of investigation (Attachment to the same type of judgment), and application of statutes of one copy of judgment;

1. Article 329 of the Criminal Act concerning the crime;

1. Selection of an alternative fine for punishment (the defendant has agreed upon only with the victim and thus the victim does not want the punishment of the defendant, circumstances leading to the crime, details and amount of stolen goods, etc.);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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