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(영문) 인천지방법원 부천지원 2018.10.11 2018고정634
절도
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Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

To the extent that it does not harm the identity of the facts charged and the defendant's right to defense, part of the facts charged was revised and stated in accordance with evidence.

On June 8, 2018, the Defendant, at the display stand of the “C” located in Seocheon-si B around 15:48, 2018, used a gap in which surveillance of D, a security personnel of the victim C&C, was neglected, thereby cutting off 17 items, such as 12,250 won, 1, 250 won, 1, 1, 250 won, 1, 1, and 17 items of the market value owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes, such as receipts of thief products and photographs of thief products;

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 (hereinafter “Criminal Procedure Act”) - the defendant acknowledges and reflects his mistake.

- The Defendant committed the instant crime due to economic difficulties, and the damaged goods are minor, and all of them were discovered to have been returned to the victim.

However, on January 4, 2018, the Defendant requested formal trial after being notified of a summary order of a fine of KRW 2 million with respect to the crime of theft of daily necessities at marina. On May 11, 2018, the Defendant was sentenced to a fine of KRW 1 million at the Incheon District Court.

As can be seen, the Defendant committed the instant crimes under the same law after being sentenced to the above judgment even though he was given a prior notice of reduction of fines for the summary order by the court.

In addition, it is doubtful whether one's mistake has been divided, and whether one's consciousness has been repented.

- Other factors such as the motive, method of crime, and circumstances after the crime shall be determined in accordance with the order.

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