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Reasons
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(영문) 대구지방법원 서부지원 2019.05.16 2019고단322
절도
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Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On January 10, 2019, around 05:55, the Defendant: (a) committed theft by taking advantage of the gap in which the victim’s surveillance was neglected, with one air-conditioner room outside the market price equivalent to KRW 600,000,00 in front of the “Cju” road located in the Daegu Seo-gu, Daegu-gu, Seoul-gu, Seoul-B, by taking advantage of the gap in which the victim’s surveillance was neglected.

Summary of Evidence

1. Defendant's legal statement;

1. Summary statement of D;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 329 of the Criminal Act and Article 329 of the Criminal Act concerning the crime, the choice of fines;

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

1. The Defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is capable of having been punished for the same crime. In particular, from the Western District Court Branch Branch Branch of the Daegu District Court on November 4, 2018, the Defendant was sentenced to a suspended sentence of imprisonment for larceny for four months and was sentenced to a suspended sentence of imprisonment for the same crime, but is still under the suspended sentence of imprisonment, and is not well aware of the possibility of criticism and the risk of recidivism.

Considering these circumstances, it is true that there is a need for more strict punishment against the defendant.

However, the amount of damage caused by the instant crime is not significant, and the investigative agency shows that the damage was recovered by returning the air conditioner to the victim, and the victim is also the preference against the defendant, and the defendant recognized the instant crime, etc. are favorable to the defendant.

The punishment shall be determined like the order by selecting a fine by actively taking into account such favorable circumstances.

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