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(영문) 부산지방법원 2014.04.07 2014고정790

절도등

Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On January 22, 2014, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Busan District Court on April 5, 2014, and the judgment became final and conclusive on April 5, 2014.

1. On July 2, 2013, around 04:10 on July 2, 2013, the Defendant: (a) laid down the key of the victim D’s clothes (922) on his/her head and cut down the said key in his/her hand within a cresh where surveillance was neglected; and (b) cut off the said key in his/her hand.

2. At the time stated in Paragraph 1, the Defendant attempted to steal the articles kept by opening the clothes clothes (922) of the said victim, using the keys of the clothes that was stolen in the above saves room or the sixth floor of the 6th floor, and did not know the said saves or employees E, and did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on investigation (in cases of damaged articles and photographs of damaged places);

1. Previous convictions in judgment: To apply the printed and printed materials of the Konet case search, and the copies of each judgment;

1. Relevant provisions of the Criminal Act, Article 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, and selection of fines for a crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. The latter part of Article 39 (1) of the Criminal Act exempted from punishment (the principle of equity in cases where judgment is to be rendered simultaneously with the crime in which judgment becomes final and conclusive);