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(영문) 인천지방법원 2020.08.11 2019고단8893
절도미수등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

around 15:55 on November 10, 2019, the Defendant, “2019 Highest 8893,” committed an attempted act by taking away a 1,850 won (1,850 won) of the market price in the air conditioning in Bupyeong-gu Incheon Metropolitan City, from the D convenience points for the operation of the victim C, which was located in Bupyeong-gu, Incheon, and by taking advantage of the gaps in which the surveillance of employees was neglected, but did not commit an attempted act.

『2019고단9144』 피고인은 2019. 12. 05. 14:00경 인천 부평구 E에 있는 F 2층 'G' 내에서, 위 마트 직원인 피해자 H의 감시가 소홀한 틈을 이용하여 그곳에 진열되어 있던 시가 21,800원 상당의 ‘캡틴모건’ 양주 1병과 시가 1,280원 상당의 참이슬 소주 1병, 시가 10,000원 상당의 양념게장 1개 등 별지 범죄일람표 기재와 같이 합계 63,130원 상당의 물품을 종이가방에 넣어 가지고 가 이를 절취하였다.

Summary of Evidence

"2019 Highest 8893"

1. Statement by the defendant in court;

1. Investigation reports or internal investigation reports of C’s written statements “2019 Highest 9144”;

1. Statement by the defendant in court;

1. Application of the H’s written receipts and photographs, the 112 Reporting Report List, and the Acts and subordinate statutes governing damaged objects;

1. Relevant Articles 342 and 329 of the Criminal Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act, and the selection of fines for a crime;

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

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of punishment by law: A fine not exceeding 15 million won;

2. The sentencing criteria are not applicable as the scope of a fine according to the sentencing criteria has been selected;

3. The crime of this case, based on the decision of sentence, was committed by the Defendant by taking the 1st of the week in which the Defendant had a convenience store, and was committed a theft with the articles equivalent to the sum of 63,130 won, such as the 1st of the two weeks and the 1st of the two weeks in marina, and the 63,130 won, and the criminal liability in light of the substance of the crime.

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