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(영문) 제주지방법원 2019.10.11 2019고단1055
절도
Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On March 30, 2019, around 23:38, the Defendant opened a driver’s seat of the said vehicle and cut off the said vehicle on the street, where the victim D (hereinafter referred to as “C”) stopped a vehicle of 27:560,000 won at the convenience store in front of the “C” convenience store located in Seopopo City B, and purchased goods at the convenience store owned by the victim, etc. by purchasing goods.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. Entry of the written statements of D;

1. To enter into an investigation report (to attach photographs of direction after the suspect stealss a vehicle) prepared by the police;

1. Each internal investigation report (including attached documents) made by the police in the form of each internal investigation (related to attaching CCTV images to parking or stopping CCTVs / accompanied by information on CCTV images and withdrawing devices / Any specific relation to a suspect based on genetic appraisal / Any specific relation to vehicle price) and images (including attached documents);

1. Application of Acts and subordinate statutes entered in the report processing list, 112 cases prepared by the police;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning criminal facts;

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

1. 【The reason for sentencing of Article 334(1) of the Criminal Procedure Act (amended by Act No. 334(1) of the Provisional Payment Order 【The scope of the applicable sentencing sentence of a fine of KRW 50,000,000: The defendant was sentenced to a suspended sentence of KRW 3 million from the Jeju District Court on November 22, 2018 due to a violation of the Specialized Credit Financial Business Act by the Jeju District Court, which was sentenced to a suspended sentence of KRW 4 years on June 2, 2018, and the above judgment became final and conclusive on November 30, 2018, and the crime of this case was committed in favor of the defendant: The defendant recognized his mistake and was divided; the above car was returned to the victim after the date of the crime of this case; the defendant paid KRW 100,000 to the victim and the victim did not want the punishment of the defendant; and

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