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(영문) 의정부지방법원 고양지원 2018.08.24 2018고정639
절도
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. On March 3, 2018, the Defendant cut off the Defendant’s “C point” located in Gyeyang-gu B, Gyeyang-gu, Seoyang-gu, 11:50 on March 3, 2018, by putting the victim D, who is a custodian, into a bank which has prepared articles equivalent to KRW 10,000 in the store display stand by taking advantage of the gaps in which surveillance was neglected due to the arrangement of stores, etc., the Defendant used a direction-setting system equivalent to KRW 2,00 in the market price of KRW 3,00,000 in the store display stand.

2. On March 6, 2018, at around 13:20 to 13:40, the Defendant stolen goods worth KRW 5,000 in advance, including one direction-setting system, and one set of coffee 1 boxes in the market price of KRW 2,00,00, which are located in the store display stand by taking advantage of the gaps of surveillance due to the store management, etc. by the victim E, a custodian, the victim E, etc., to put them into a bank that prepared goods worth KRW 5,00,000 in advance.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

1. Application of the Act and subordinate statutes of the investigation report (hereinafter referred to as “C video verification”)

1. Relevant Article 329 of the Criminal Act and the choice of fines for criminal facts;

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. Under Article 334(1) of the Criminal Procedure Act, considering the fact that the value of the stolen goods with reason for sentencing is relatively small amount, the damage was fully recovered, considering the circumstances that the defendant had been punished several times due to the same kind of crime, the defendant’s age, sex, environment, means and consequence of the crime, and all factors of sentencing as shown in the argument of this case, such as the defendant’s age, sex, environment, means and consequence of the crime, shall be considered, and the sentence shall be determined as indicated in the order.

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