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(영문) 수원지방법원 성남지원 2016.09.09 2016고단140
절도
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On May 12, 2015, at around 09:00, the Defendant committed a theft with the Defendant’s house of the victim C, who had been divorced pursuant to Dtel 302, Sungnam-si, Sungnam-si, by putting the entrance door password and entering the house, and having approximately KRW 20 million in total of market prices, such as metal strings, gold strings, net gold strings, multilateral half 2, multilateral strings, multilateral strings, multilateral strings, Jin-jums, Jin-jums, Jin-jums, Jin-jums, Jin-jums, strings, strings, strings, and Earbs, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Results of appraisal;

1. Application of the Acts and subordinate statutes of receipts for sales of precious metals;

1. Article 329 of the Criminal Act applicable to the facts constituting an offense and Article 329 of the choice of punishment;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The applicant for the rejection of the application for compensation sought compensation of KRW 20 million from the Defendant’s criminal act, but the amount of damage is not specified and the scope of liability for compensation is not clear. Thus, the application for compensation of this case is dismissed in accordance with Article 25(3) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.

The grounds for sentencing include the primary offense, confession, reflectivity, the circumstances of this case, the amount of damage, the relationship between the defendant and the victim, etc.

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