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(영문) 의정부지방법원 2015.03.17 2015고단11
절도
Text

Defendant shall be punished by a fine of KRW 9,000,000.

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

Reasons

Punishment of the crime

1. On November 15, 2014, around 03:39, the Defendant: (a) loaded a total of KRW 1.620,00,000,000, at the scene of a new house construction project located D located in Nam-si, Namyang-si; (b) KRW 27,000,000,000, total market price of the victim’s 27,0

2. At around 02:40 on November 22, 2014, the Defendant: (a) committed a theft by carrying approximately KRW 200,00,00,00 in the value of waste electric wires owned by the victim H set up between the building and the victim H; and (b) by carrying them into the truck of the Defendant’s driver.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and H;

1. Application of Acts and subordinate statutes to each CCTV image data;

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

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. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include a large number of criminal records, and each of the crimes in this case shall be criticized as being committed during the suspension period of execution for the same kind of crime.

However, it seems that the amount of damage suffered by the defendant's stolen goods is not relatively significant, and the victims do not want the punishment of the defendant, the married couple of the defendant's children want to guide the defendant, and the defendant want to repent and reflect his mistake in depth through his prison life for about three months, and the defendant is detained in prison for a certain period of time and has been detained for a certain amount of crime. However, if the defendant selects imprisonment with prison labor in this court, the defendant's imprisonment with prison labor that was invalidated and suspended as well as imprisonment with prison labor that was somewhat harsh, should be taken into account. Other circumstances such as the defendant's age, character and conduct, the process and motive leading to the crime of this case, and the circumstances before and after the crime are committed.

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