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(영문) 부산지방법원 2016.06.09 2016고단939

특수절도

Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On November 12, 2015, the Defendant was sentenced to imprisonment with prison labor for special larceny, etc. at the Busan District Court on November 12, 2015, and the judgment became final and conclusive on the 20th of the same month.

On January 11, 2015, the Defendant, at around 02:35, destroyed and intruded into the E office of the victim D's operation in Busan City, Shodong-gu, the Defendant stolen two engines-day additives which are equivalent to KRW 60,000 in the market price owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Photographs of the place where the crime was committed, and his/her photograph;

1. Previous convictions in judgment: References to inquiries, such as criminal history, investigation reports (netly 14), and application of the text of the judgment;

1. Article 331 (1) of the Criminal Act applicable to the facts constituting an offense;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The latter part of Article 39(1) of the Exempted Criminal Act (including a number of identical crimes committed during a similar period of time in the crime, such as special larceny recorded in the previous conviction in the judgment, and taking into account the circumstances in which the Defendant fully pays damages during the investigation process and fully agreed with the victim, consideration of the fact that even if the Defendant simultaneously ruled the crime of this case and the previous crimes recorded in the judgment, the sentence of the said final judgment does not change even if it does not change)