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(영문) 부산지방법원 2019.11.28 2019고단4852

절도

Text

A defendant shall be punished by imprisonment for four 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

At around 14:00 on October 8, 2019, the Defendant: (a) committed a theft by having the victim D put the game on the game machine in which the victim D was locked on the top of the game machine; and (b) having the cash amounting to KRW 70,000,000 in the victim’s own possession; and (c) having the mix of 50,000,000,000,000 won in the market price.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. A photograph of a criminal scene CD-cap;

1. Application of the Act and subordinate statutes to a criminal report (for example, CD attachment);

1. Article 329 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

2. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences by law: Imprisonment with prison labor for not more than six years;

2. Scope of recommending punishment according to the sentencing guidelines: Imprisonment with prison labor for not less than four months but not more than eight months (decision of type): The basic area of larceny [No person who is specially punished], such as abandoned articles, etc. [the scope of recommending area and recommending range]: 4 months to eight months.

3. The Defendant, who was sentenced to punishment, committed the instant crime again even though he was punished by a fine by taking advantage of the crime of larceny and embezzlement of stolen objects several times.

It is not easy to see that the criminal liability is light.

However, the defendant seems to have led to the confession and reflect of the crime of this case.

The amount of damage is not so significant.

In addition, comprehensively taking into account the defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, the circumstances before and after the crime, etc., all the sentencing conditions shown in the arguments in this case shall be determined as ordered.