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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 부산지방법원 동부지원 2018.02.07 2017고단2452
절도
Text

A fine of two 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

Around November 4, 2017, the Defendant: (a) committed a theft by using an AI convenience store operated by the victim AH in Suwon-gu, Busan on November 4, 2017, in order to distinguish things or make decisions; (b) by means of mental illness, etc.; and (c) in order to put the gap in which surveillance is neglected due to a large number of customers, the victim and others are placed in the display stand of the above convenience store; and (d) in addition to the total amount of KRW 50,00,000, a sum of goods owned by the victim, such as a c,300,000, in advance, and without calculating it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to AH by the police;

1. Application of Acts and subordinate statutes of a written confirmation of an investigation report (not accompanied by a suspect, police station), a report on an investigation (specific suspect and a photograph of a crime, etc.), a report on an investigation (attached a written agreement and a written diagnosis of a suspect A and a suspect A), a report on an investigation (Attachment to field CCTV), a written opinion,

1. Article 329 of the Criminal Act applicable to the facts constituting an offense and Article 329 of the choice of punishment;

1. Articles 10 (2) and 10 (1) and 55 (1) 6 of the Criminal Act (person with mental or physical weakness) of the Criminal Act mitigated by law;

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

1. The crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment is an unfavorable circumstance, such as the theft of another person’s property, the nature of the crime is not good, and the defendant has the same criminal records.

However, it is more favorable for the Defendant to recognize the facts charged, and the crime of this case was committed at the open place and the risk of infringing other legal interests was not significant, the amount of damage was small, the Defendant committed a crime under the mental and physical weakness, and the Defendant reached an agreement with the victim.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] -.

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