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(영문) 서울중앙지방법원 2021.01.20 2020고정2151
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

The Defendant is a person who, from September 2014, works as a staff member of the office from the processing company for release on bail with the victim B’s “C” as the victim’s “C”.

From the end of October 2019 to the beginning of November 2019, the Defendant got off the gold dust in the said “C” room located on the Jongno-gu Seoul Metropolitan Government D and E 4th floor, brought down the gold dust amount generated in the course of the Defendant’s work, and got out the gold dust from the end of November 2019 to the beginning of December 2019 in the same manner at the same place.

Accordingly, the Defendant stolen the amount of gold dust owned by the victim who could not know the market price twice.

Summary of Evidence

1. A protocol concerning the examination of suspect of the defendant who has made a statement in court;

1. Application of Acts and subordinate statutes to report on the investigation of police statements (in-depth investigation of damage scene) to B, F, and G;

1. Relevant provisions of the Criminal Act and Article 329 of the Criminal Act regarding criminal facts, the choice of punishment, and acts committed as a single and continuous intention for a certain period of time constitutes an inclusive one crime (see, e.g., Supreme Court Decision 70Do2612, Feb. 23, 1971). Selection of fines;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of punishment by law: A fine not exceeding 10 million won;

2. Non-application of the sentencing criteria: The sentencing criteria shall not be applied by selecting fines.

3. Determination of sentence: A fine of KRW 3 million is deemed to be against the Defendant’s recognition of the instant crime.

After committing the instant crime, the Defendant voluntarily surrendered.

In particular, on December 30, 2020, the Defendant seems to have been trying to recover damage by returning part of the gold dust that was stolen to the victim.

The defendant has no record of the crime other than once before and after the fine of different species is imposed on him.

However, in light of the background, means, and methods of the instant crime, the nature and circumstances of the instant crime are considerably good.

In particular, the defendant was stolen.

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