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(영문) 수원지방법원 2018.07.05 2018고단2069
절도
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On April 5, 2018, the Defendant discovered soup room studio of the victim C, a satise, at a soup room located in Suwon-si, Suwon-si B, Suwon-si, and then cut off with the victim’s studio and with cash 125,000 won at that place.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of CCTV closure photographs, field photographs, and statutes on damaged photographics;

1. Relevant Article 329 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

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

1. Since 2015, the Defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, was sentenced two times to imprisonment with prison labor and fine on one occasion due to a larceny-related crime. On March 12, 2018, the Defendant completed the execution of imprisonment with prison labor in the Innan Prison on March 12, 2018, and committed the instant crime on April 1, 2018. Comprehensively taking account of the Defendant’s criminal history and the instant crime, the Defendant repeats the method of theft by which other things are stolen around a densely concentrated place.

However, the stolen acquired in relation to the instant crime seems to have been immediately discovered and returned to the owner.

The victim of larceny seems to have not wanted to be punished by the defendant by returning damaged goods.

Since the defendant is living for a long time, it seems that such crime has been committed. At present, the defendant is seeking a workplace in good faith and is living in the future.

In addition, the defendant's age, sex, motive and background of the crime, means and result of the crime, circumstances after the crime, records of the crime, and all of the sentencing conditions shown in the arguments of this case, such as the records, shall be determined by the same sentence as the order.

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