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(영문) 전주지방법원 2017.05.02 2017고단305
절도
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

At around 01:00 on December 1, 2014, the Defendant, while drinking and singing with the victim E in Kim Jong-si, was cut off with approximately KRW 400-5 million in cash and bank security cards, OTP, OTP, 1 head of the agricultural bank, 3 head of the new cooperation, etc., owned by the victim and 400-5 million in cash, which were located in a white package where the victim had no room around the toilet.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The application of Acts and subordinate statutes to each investigation report (a photographing cases and personal information of suspects);

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. There are records that the Defendant had been subject to criminal punishment several times for the same kind of crime and committed the instant crime during the period of repeated crime under Article 334(1) of the Criminal Procedure Act, which is disadvantageous to the reason for sentencing of Article 334(1) of the Criminal Procedure Act.

Under favorable circumstances, the defendant does not want the punishment of the defendant in agreement with the victim.

In addition to the above circumstances and other circumstances, the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the various sentencing conditions under Article 51 of the Criminal Act, such as the circumstances after the commission of the crime, shall be determined as per Disposition.

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