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(영문) 광주지방법원 목포지원 2016.07.01 2016고단448
절도
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On February 13, 2016, from around 14:30 on the same day to around 15:01 on the same day, the Defendant stolen the amount of KRW 190,000,00 in cash and KRW 370,00,00 in the market price owned by the victim D from the Southern-gun apartment C, 409, 503 within the boundary of the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the victim;

1. Application of CD-related Acts and subordinate statutes

1. Article 329 of the Criminal Act applicable to the facts constituting an offense and Article 329 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is that the defendant committed the crime of this case even though he was under the suspension of execution due to the same kind of crime, and it is inevitable for the defendant to severely punish him.

However, the defendant recognized the crime of this case, the amount of damage caused by the crime of this case is not so significant, and the victim was returned to the injured party, and the defendant was punished for one suspended sentence due to the same crime. However, although the above suspended sentence was revoked due to the crime of this case, the defendant now is serving the principal sentence (ten months of imprisonment) as the crime of this case, and the defendant seems to be somewhat harshly sentenced to imprisonment with prison labor as a result of the crime of this case, considering the circumstances favorable to the defendant, the defendant's age, environment, sex, motive and means of the crime of this case, circumstances after the crime of this case, etc., as well as all of the sentencing factors indicated in the records and changes theory of this case, such as the crime of this case shall be considered as favorable to the defendant.

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