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(영문) 부산지방법원 2017.07.10 2017고단2065

절도

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant, on April 8, 2017, at around 23:10 on April 23, 2017, 2017, approaches the victim C, who was under influence of alcohol at three times in front of the exit of 1017, as the center of the city of Busan, the city of 10,000 Won, KB National Card 3.60,00 won, in cash owned by the victim at the back of the victim, Samsung Card 1, Samsung Card 1, 2, non-paid credit card 1, 1, and 30,000,000,000,000,000,000 won, and one driver’s license.

In other words, they stolen them.

『2017 고단 2418』 피고인은 2015. 10. 11. 03:00 경 부산 동구 D 빌딩 1 층 계단에서 술에 취해 잠을 자고 있던 피해자 E에게 접근하여, 피해자의 바지 뒷주머니를 미리 준비한 커터 칼을 이용하여 짼 뒤 피해자 소유인 현금 15만 원, 주민등록증 1매가 들어 있는 시가 5만 원 상당의 갈색 반지 갑 1개를 꺼내

In other words, they stolen them.

Summary of Evidence

"2017 Highest 2065"

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Protocols of seizure and the list of seizure [2017 Highest 2418];

1. E statements;

1. Confirmation of identity of the thief;

1. Application of CCTV Acts and subordinate statutes;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

2. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, which aggravated concurrent crimes.

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment]; the scope of the final sentence due to the aggravation of the crimes that have no basic area (eight months to two years) (any person who is subject to special sentencing) in the basic area (eight months to two years) of the theft against general property: 8 months to three years;

2. Determination of sentence - The fact that the person has been sentenced to imprisonment with prison labor or a stay of execution of imprisonment with prison labor on two occasions for the same crime - the fact that the theft amount is a relatively small amount, and partial recovery of damage;