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(영문) 부산지방법원 2021.01.11 2020고단3082
절도
Text

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

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

Reasons

Punishment of the crime

On July 5, 2018, the defendant was sentenced to imprisonment with prison labor for larceny at the Busan District Court for two years, and on July 13, 2018, the decision became final and conclusive.

On June 20, 2020, the Defendant: around 17:30 on June 20, 2020, the Defendant stolen the Defendant by inserting the victim’s “D” store located on the fifth floor of the head office of Busan Busan District Office; using the gaps in the victim’s surveillance negligence, the Defendant’s market price equivalent to KRW 45,00,000, which is the victim’s ownership.

Summary of Evidence

1. Statement by the defendant in this court;

1. Statement of the police suspect interrogation protocol against the accused;

1. Entry of C’s statement;

1. Entry of a medical examination and treatment certificate entered in the police seizure protocol;

1. Previous conviction: Application of each of the Acts and subordinate statutes written in reply to inquiries about criminal history, investigation reports (verification of criminal records of the same kind of crime as the suspect);

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

1. Article 10(2), Article 10(1), and Article 55(1)6 of the Criminal Act to mitigate mental and physical weakness;

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 of the Criminal Procedure Act is that the defendant confessions and reflects the crime. The case is a crime in mental and physical weak condition, the value of stolen goods is not more than 45,000 won, the recovery of the crime is one time, and the agreement is reached with the victim. Considering the circumstances favorable to the defendant, the defendant's period of punishment has reached 15 times, and all of them are of the same kind of crime. The crime of this case was committed under the unfavorable circumstances against the defendant, such as the defendant's age, sexual behavior, intelligence and environment, relationship with the victim, motive, means and result of the crime, and the circumstances after the crime were committed.

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