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(영문) 춘천지방법원 강릉지원 2017.05.16 2017고단248
절도
Text

Defendant shall be punished by a fine of three million won.

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

Reasons

Punishment of the crime

On October 26, 2016, the Defendant was sentenced to a suspended sentence of 4 months of imprisonment with prison labor for larceny in Gangnam Branch Branch of the Chuncheon District Court on April 26, 2016, and the said judgment became final and conclusive on November 3, 2016, and is currently under suspended sentence.

1. On December 17, 2016, the Defendant stolen, on December 17, 2016, on the part of the E office operated by the victim D, the Defendant: (a) loaded a 470,00 won of the market price at which the victim kept in front of the E office operated by the victim D in Gangseo-si, Gangwon-si; and (b) stolen one of the boilers kept in his/her fingers.

2. On December 18, 2016, the Defendant: (a) around 05:55 on December 18, 2016, the victim kept before the above E office, and subsequently stolen one of the light oil boiler, which is worth KRW 200,000,000, at the market price of the victim kept before the above E office.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the victim;

1. A criminal investigation report (record photographing), internal investigation report (CCTV image analysis), and investigation report;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the previous and written judgment, etc.);

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

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

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 is that the defendant has been punished for the same kind of crime, and there is a need to strictly punish the defendant since he/she again committed the crime of this case during the period of suspension of execution. However, there is a need to strictly punish him/her. However, by mutual consent with the victim, the injured person is not subject to the punishment of the defendant. The defendant's age, sex, sex, environment, family relationship, motive and circumstance of the crime, circumstances after the crime, etc. are comprehensively taken into account, and all the sentencing conditions shown in the arguments of this case, including the defendant's age, sex, environment, family relation, motive and circumstance after the crime, etc.

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