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(영문) 서울중앙지방법원 2017.08.31 2017고단3802
절도
Text

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

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

Reasons

Punishment of the crime

On April 26, 2017, the Defendant: (a) around the first floor entrance of the victim D located in Gangnam-gu Seoul Metropolitan Government, around 13:27, around the victim’s house located in Gangnam-gu; (b) around 30 clothes equivalent to approximately KRW 2,370,000 in the market price to board the director; (c) used the theft truck owned by the Defendant by putting about KRW 4,070,000 in the front door of the said envelope by putting about KRW 1,50,000 in the market price, and putting about approximately KRW 130,000 in the 130,000 in the market price, one cell phone charging machine, and approximately KRW 20,000 in the market price of approximately KRW 50,00 in the 4,070,000 in the upper door of the said envelope; and (d) put the cresh owned by Defendant E.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes attached to a report on internal investigation (in the case of a victim's internal investigation), a report on internal investigation (the confirmation of fests and CCTV images at the scene of occurrence), a photograph to which a closure photograph, an investigation report (the detailed confirmation of the details of the damaged products to the victim) is attached, a closure screen, an investigation report (the attachment of a

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment, etc. of Provisional Payment Order, the Defendant, who committed the instant crime, without being subject to probation during the period of probation, is in need of strict punishment.

However, there are extenuating circumstances, such as the fact that the Defendant had committed a mistake while making a confession of all the facts constituting a crime, the fact that the goods that the victim proposed were contained in the garbage bag and that there was room for misunderstanding as garbage, and that the victim did not want punishment against the Defendant by agreement with the victim.

In addition, considering all the circumstances shown in the records and arguments of this case, the sentence shall be determined as per the disposition.

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