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(영문) 서울동부지방법원 2018.06.05 2018고정435
절도
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. From around 15:54 on August 20, 2017 to 16:18, the Defendant: (a) stolen the Victim B from the corridor located in Seongdong-gu Seoul Metropolitan Government “D” restaurant; (b) caused the Victim B (59) to drop off the handcule, rice, and kim-kim mar from the corridor located in Seongdong-gu Seoul Metropolitan Government “D” restaurant; (c) around 17:10 on the date indicated in the “1” clause, the Defendant thief against the Victim E (25 years old) brought the victim E (25 years old) in front of the F building in Seongdong-gu Seoul Metropolitan Government; and (d) removed the surbling gap in which the surbling 25,00 won of the market price entered in the delivery box.

L. A. L. theft was committed.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of E and B;

1. Extraction photographs of the scene of occurrence and CCTV recording materials, and of the creation of photographs of the site and CCTV recording materials;

1. Application of Acts and subordinate statutes on seizure records;

1. Article 329 of the Criminal Act and Article 329 of the Criminal Act and the choice of fines for criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. In light of the sentencing conditions indicated in the instant trial, the amount of fine prescribed in the summary order does not seem to exceed the amount even in light of the following: (a) there are multiple records of criminal punishment against the Defendant for the reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act; (b) the Defendant committed the instant crime without the awareness of the crime; and (c) a part of the damaged items have been returned.

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