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(영문) 부산지방법원 2018.01.25 2017고단5064

절도

Text

A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 25, 2017, around 13:08, the Defendant entered the “E” store operated by the victim D, which was located in Busan Jung-gu, Busan, and used a gap where the victim’s surveillance was neglected, and stolen the victim’s market price in the display stand by 40,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a report on investigation (on the face of a person suspected of committing a theft, etc.);

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

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

1. Reasons for sentencing in Article 62-2 of the Criminal Act on the observation of protection and observation [the scope of recommending punishment] thief on general property thief on the theft of general property (the theft of things, etc. left alone) and there is no basic area (from April to August) (the person subject to special sentencing) / [the decision of sentencing] / The defendant's history of being sentenced to a fine by larceny leads to seven times.

However, the value of the theft of this case is relatively small, and the theft of this case was returned.

The defendant is recognized as committing a crime and is against the law.

There is no criminal offense over a fine against the defendant.

The punishment as ordered shall be determined in consideration of all such circumstances and the conditions of sentencing as shown in the trial process, including the age, character and conduct, environment and health status of the defendant.