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(영문) 창원지방법원 통영지원 2017.06.27 2017고단528
절도
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On March 26, 2017, the Defendant discovered a victim C (57 tax) who is frighting to a breathum in the front of the road B in front of the throughng-si, Si, Si, 2017, and taken the victim’s 2.50,000 won in cash located in the back part of the victim’s back.

They were stolen.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A protocol of seizure and a list of seizure;

1. Control video CDs;

1. Photographs;

1. Application of Acts and subordinate statutes to investigation reports (CCTV analysis);

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant has been punished several times for the same crime, and the defendant commits the instant crime without being able to do so during the period of repeated crime, and is disadvantageous to the defendant.

However, under the favorable circumstances, the following circumstances are considered: (a) the Defendant’s perception of the instant crime was against the victim; (b) the victim was relatively little; (c) the victim was returned to the victim; and (d) the victim did not want to be punished by the Defendant due to the Defendant’s agreement with the victim; and (c) the Defendant was punished by a fine for attempted larceny in around 2010; and (d) the Defendant did not have any record of being punished by the larceny; and (e) the Defendant’s age, sex, environment, motive, means and consequence of the commission of the instant crime; and (e) the sentence shall be determined as per the text by taking into account all the circumstances, such as the following circumstances.

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