beta
(영문) 부산지방법원 2014.10.29 2014고단3215

절도

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 25, 2013, the defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Busan District Court on April 25, 2013, and on May 3, 2013, the above judgment becomes final and conclusive and is currently in the grace period.

On January 1, 2014, at around 12:00, the Defendant had six pairs of 41,400 won in total at the market price of the victim owned by the victim D, which was operated by the victim D, in Busan, Busan, about the first place of the trade "E" operated by the victim D.

In addition, the defendant stolen the victims' property from that time to that of March 2014 by the same method six times in total, such as the list of crimes in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each statement in G, H, I, J, and K Preparation;

1. Statement of seizure of each police;

1. Each investigation report (in the course of investigating the confirmation of additional damaged articles, attaching CCTV images on the scene of a crime, and relating to the amount of damage);

1. Previous records: Application of inquiries, such as criminal records, and criminal investigation reports (Attachment to the same type of power judgment, etc. and attached data for investigation);

1. Relevant Article 329 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment with prison labor;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes [the scope of recommending punishment] the reason for sentencing under Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the scope of punishment] the scope of final sentence due to the aggravation of multiple crimes in the basic area (six months to one year) (the general larceny): six months] and two years and nine months [the decision of sentence] that there are no special persons [the defendant] again commits the crime of this case during the period during which the same crime was suspended, and the number of crimes are not many, etc., the defendant appears to have committed all crimes, the amount of damage is not significant, the defendant suffers from depression, the suspension of the execution of the first head of the judgment when this decision becomes final, and the scope of the recommended sentence of the above sentencing guidelines shall be considered.