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(영문) 대구지방법원 김천지원 2017.11.28 2017고정376
절도
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

[Criminal record] On April 13, 2017, the Defendant was sentenced to a suspended sentence of two years for imprisonment with prison labor for special larceny in the Daegu District Court Kimcheon on April 13, 201, and the said judgment became final and conclusive on April 21, 2017.

[2] On May 5, 201, from around 00:10 to 07:10 on the same day, the Defendant discovered that the Defendant was posted to the key inside the vehicle owned by the victim C, the victim C, who was parked therein, and driven the said vehicle by using any cresh in the surrounding area.

As a result, the defendant stolen the above 2.5 million won of the victim's observer car and cash 100,000 won inside the vehicle, and the market price of 1 million won, hand-on phone, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A written appraisal;

1. Previous convictions indicated in the judgment: A reply to inquiry, such as criminal history, report on investigation (report on confirmation of the past records of the same type of crime), reporting on the past records of disposition, and application of statutes;

1. Relevant Article 329 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, stolen the victim’s vehicle and cash, bags, Handphones, etc. inside the vehicle.

The amount of damage caused by the instant crime is approximately KRW 3.6 million.

However, the defendant reflects the crime of this case.

The Defendant had no record of criminal punishment for the same crime before committing the instant crime.

The damaged vehicle was recovered by the victim.

Special larceny, etc., which has become final and conclusive, and the crime of this case shall be in the relation of concurrent crimes by a group after Article 37 of the Criminal Act, and the equality in the case of judgment shall be considered at the same time.

In the above circumstances, all the sentencing conditions, including the defendant's age, sex, family relationship, and circumstances after the crime, shall be comprehensively considered.

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