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(영문) 제주지방법원 2017.02.02 2016고정697
절도
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On July 5, 2016, the Defendant: (a) around Jeju-si around July 5, 2016, the Defendant: (b) caused D to cut a total of nine glue trees owned by the Jeju Special Self-Governing Province for the Victims of Damage, including six glue trees and three glue trees, and then stolen them.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to report on investigation (explosion and investigation of damaged places and confirmation of damaged objects);

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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the Defendant, without any authority, caused D to cut boom trees and cream trees which were planted on the land owned by the Jeju Special Self-Governing Province for the victim; (b) the Defendant committed the instant crime; (c) there was no way to restore the damage suffered by the victim; and (d) the Defendant did not compensate the victim for the damage or did not reach an agreement with the victim; and (d) the Defendant asserted that the above trees were necessary for securing the view when driving a vehicle on the road where the trees were planted, if any, the Defendant should have confirmed the owner of the road and the tree and should have confirmed the owner of the trees, but no such procedure was taken, and that the Defendant did not properly reflect his fault, considering the circumstances unfavorable to the Defendant.

However, in the trial of this case, the number of trees of the defendant has been significantly reduced through the re-verification of facts in the trial of this case, and the defendant has a record of punishment several times due to the crime of this kind, but there is no record of punishment for the same kind of crime, and the amount of punishment in similar cases, and other age, sex, environment, motive, means, and result of the crime after the crime.

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