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(영문) 부산지방법원 2018.09.05 2018고단2686

절도

Text

1. The defendant shall be punished by imprisonment with prison labor for not more than ten months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 9, 2018, the Defendant, at around 03:00, 286 at the center of Busan Dong-gu, 2018, takes up one wall (a maximum of KRW 10,00 won) with a portable phone (G) “G) 7” portable phone (a maximum of KRW 12.50,00 won) from the victim’s bank, including one resident registration certificate, credit card, apartment card, and one copy, etc. on the part of the victim’s bank located under the influence of alcohol at the bend of the bus stops located in the city of 10,00 a.e., 286 Lystar apartment.

L. Ga, this theft was committed.

2. On June 15, 2018, at around 03:25, the Defendant: (a) destroyed the victim E (28:3) who was under the influence of alcohol in front of the D Building in Busan District; (b) brought about a cellular phone (1,00,000 won per each other; (c) one resident registration certificate; (d) one resident registration certificate; (d) two new cards; and (e) one color tag (50,000 won per 50,000 won); and (e) one bank physical card.

Summary of Evidence

1. Statement by the defendant in court;

2. Statement made by the police for E.

3. C’s statement;

4. Application of Acts and subordinate statutes on police seizure records;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting a crime;

2. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes against a victim C with heavier penalty).

3. Article 62 (1) of the Criminal Act on the suspension of execution;

4. Reasons for sentencing under Article 62-2 of the Criminal Act to order observation of protection.

1. The scope of applicable sentences by law: Imprisonment for one month to nine years; and

2. Scope of the recommended punishment according to the sentencing criteria;

(a) Basic crimes and concurrent crimes: Determination of the types of larceny (1): - Group of larceny - Group of general property - No person who is subject to special sentencing (2) : (3) The scope of punishment recommended: 8 months to 2 years (basic area);

B. The scope of recommended punishment according to the standards for handling multiple crimes: 8 months to 3 years of imprisonment (the lower limit is set at the lower limit of the scope of sentence for basic crimes, and the upper limit is set at two years, which is the upper limit of the scope of sentence for basic crimes.