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(영문) 춘천지방법원 2016.09.20 2016고단768
절도
Text

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

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

Reasons

Punishment of the crime

On January 30, 2015, the Defendant used the gap between D and D from the inside of the house of D, which is located in Gangwon-dowon C on January 30, 2015, to the outside of the locking room, and was on the cremation room.

D 1,50,000 won of the market price of the wife B owned by the wife and 150,000 won of the market price, and 1,000 won of the market price were stolen.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation (Attachment, such as a photograph of seizure), seizure photograph;

1. Application of the statutes on seizure records and the list of seizure lists;

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. Article 333 (1) of the Criminal Procedure for Return of Victims Act;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant committed the instant crime without being aware of the fact that he/she had been punished several times from around 1996 to around 2014, and at the same time, he/she committed the instant crime is an unfavorable sentencing element against the Defendant.

On the other hand, it seems that the defendant's mistake is divided and reflected, and the scale of the damage of this case is large.

On May 11, 2016, the Defendant received a summary order of KRW 4 million as a result of larceny from the Chuncheon District Court on May 20, 201, and the said summary order became final and conclusive on the 20th of the same month. The fact that the instant crime was committed before the above summary order became final and conclusive and that it is necessary to consider the equity in the case where the said crime was committed simultaneously before the above summary order becomes final and conclusive

In addition, in full view of all the circumstances that are conditions for sentencing as shown in the pleadings of the instant case, such as the Defendant’s age, sex, environment, motive and background of the offense, and circumstances after the offense, the punishment shall be determined as ordered (the sentencing criteria shall not apply to this case as the option of fine).

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