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Reasons
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(영문) 수원지방법원 여주지원 2019.07.22 2019고단498
절도
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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 May 25, 2019, at around 04:30 on May 25, 2019, the Defendant: (a) opened a door of the said vehicle that was parked on the front of the road B, which was owned by the victim C; and (b) cut off 150,000 won in cash from the wall owned by the victim and kept in the seat of the driver.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Protocols of seizure, list of seizure, and photographs of seized articles;

1. 112 reported case handling table;

1. Records of on-site identification reports and records of on-site identification in theft cases;

1. On-site photographs, on-site CCTV analysis photographs, and photographs of tracking the suspect's escape, and of raising the suspect after committing the crime;

1. Investigation report (specific suspect), CCTV analysis photographs outside the human resources office, suspect's work log and resident registration certificate photographs, suspect tracking path tracking photographs, suspect video materials, and bicycle features photographs after committing the crime;

1. Application of the CCTV video CD-related Acts and subordinate statutes to the crime scene;

1. Article 329 of the Criminal Act and Article 329 of the Criminal Act concerning the crime, the choice of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to a provisional payment order is 10 times the Defendant was punished for larceny, and most of the records were the same vehicle as the instant crime.

And the crime of this case was committed during the period of repeated crime due to the same crime.

However, the damage caused by the instant crime was insignificant, and the victim was compensated and agreed on the damage.

The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.

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