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(영문) 제주지방법원 2018.05.04 2017고단2189
절도등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On March 20, 2017, the Defendant: (a) around 21:00, at the D theaters located on the sixth floor of the C Building on March 2017, the Defendant: (b) discovered a seat in order to view the film; (c) moved to the entrance to the entrance due to a fluence with the victim E (22 aged) seated in the seat; and (d) assaulted the Defendant’s right hand hand, with the victim’s left part at two times in a dispute.

2. On June 20, 2017, around 11:43, the Defendant intruded into a structure managed by the victim G on the first floor laund, which was managed by the victim G in F on the Jeju-si, by using any cresh in order to steal the patient’s uniforms, and intruded into the structure managed by the victim.

3. The Defendant stolen the victim’s property by having one unclaimed patient clothes at the market price owned by the victim G, which is kept on the cart, after entering a slope room, as described in paragraph (2), at the time and place described in paragraph (2).

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A statement of damage from G;

1. Application of three Acts and subordinate statutes to photographs; and

1. Relevant legal provisions of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Article 319(1) of the Criminal Act (the point of intrusion on a structure), Article 329 of the Criminal Act, and the selection of fines for the crime;

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order has terminated the execution of imprisonment, which was sentenced to criminal fraud, and committed each of the crimes of this case during the repeated crime period.

However, it is against the principle that it will not be reoffending in the future and will lead to good faith.

The punishment as ordered shall be determined by taking into account all the circumstances that are conditions for sentencing, such as the defendant's age, environment, and circumstances after the crime, etc., the degree of violence, the background leading up to the crime of intrusion into a structure and the crime of larceny, the value of the defendant's stolen goods is not so significant, and the damaged goods have been immediately returned.

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