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(영문) 인천지방법원 2019.05.24 2019고정849
절도
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

1. At around 11:05 on February 13, 2019, the Defendant: (a) committed a theft by putting one hand-book equivalent to KRW 2,700 on the market price into the airbag, using the gaps in which surveillance of the surrounding area was neglected at the D Burial managed by the victim C in Seo-gu Incheon, Seo-gu, Incheon.

2. On March 2, 2019, around 10:45, at the same place as Paragraph (1) and in the same manner as Paragraph (1), the Defendant, at the same time as Paragraph (1), stolen one skin cosmetics equivalent to the market price of KRW 3,090, and one skin cosmetics equivalent to the market price of KRW 6,500.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to photographs by cutting down a receipt of damaged articles, damaged photographs, and CCTV images;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting a crime;

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

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment [the reasonable circumstances] show the attitude of recognizing and opposing the instant crime.

The scale of damage is not so significant, and some of the damaged goods are expected to have been returned.

The defendant is aged.

【Unfavorable circumstances】 The Defendant committed a second offense without being aware of the past record of punishment for the same kind of crime, which is highly likely to be criticized.

In addition, in full view of the following conditions, such as the defendant's age and behavior environment, relation to the victim, motive means of crime, results of crime, circumstances after crime, etc., the sentence shall be determined as per Disposition.

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