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(영문) 부산지방법원 2017.05.24 2017고정209

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

1. On July 29, 2016, the Defendant, at around 02:00, embezzled the Defendant’s taxi operating a road near the modern apartment located in the Busan metropolitan Daegu Metropolitan City, without taking necessary measures, such as acquiring one gallon jum of the victim B, who is the passenger, and returning it to the victim.

2. The defendant has committed the same harm;

8. Around 03:00, at around 03:0, the Defendant’s taxi parked in D located in Busan Seo-gu, but did not take necessary measures, such as acquiring the Plaintiff’s mobile phone 6S mobile phone and returning it to the victim, and embezzled it.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Each police statement protocol with respect to E and B;

1. Protocols of police seizure and list of seizure;

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. Relevant Article 360 of the Criminal Act and Article 360 of the Criminal Act and the choice of fines for criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act reflects the defendant, the defendant has no record of having been punished for the same kind of crime or has not been punished exceeding a fine, the sentence imposed on a similar case shall be mitigated by comprehensively taking into account equity of the defendant’s age, sex, environment, motive, means and consequence of the crime, and all other circumstances constituting conditions for sentencing, including the defendant’s age, sex, environment, motive, means and consequence of the crime, etc., and taking into account the circumstances after the crime.