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(영문) 의정부지방법원 2020.03.05 2019고단2705
절도
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

On January 17, 2019, from 15:24 to 16:27 on the same day, the Defendant: (a) moved the victim E to a water treatment room, and discovered a gap in the inside of the hospitalization room; (b) discovered one of the reflectors for men in the market price (cash 11,000 won), which the victim kept inside the hospitalization room, kept in the hospitalization room; and (c) carried it out by the method of leaving in the erogate.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. A written self-written statement of E;

1. Application of the Acts and subordinate statutes concerning photographic data, reports on the results of field identification, response to personal identification of fingerprints at the scene of crime, confirmation of identity of the theft case, and application of C oriental medical bank CCTV-related Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning criminal facts;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that even though the defendant received two times a disposition to transfer juvenile protection cases due to the same type of larceny, a disposition to suspend indictment, and a fine, it is suspected that the instant crime was committed, and that there was a habit of larceny. Although there was objective evidence, such as CCTV images or field fingerprint identification, even if there were objective evidence, at the investigation stage, the defendant did not seem to have committed a reflective act while completely denying his/her crime at the investigation stage.

However, the arguments of this case, such as the defendant's erroneousness and behavior, family environment, motive and circumstance of a crime, means and consequence of a crime, conditions before and after a crime, etc., are favorable to the defendant, such as the fact that the defendant has reached this court, the amount of stolen money and valuables, the amount of stolen money and valuables is not significantly agreed with the victim, the fact that there is no history exceeding the fine, and the family members of the defendant appeal against the defendant.

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