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(영문) 부산지방법원 2016.06.09 2016고단2042

절도

Text

1. The defendant shall be punished by imprisonment for six months;

2. However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

As the defendant lives at the monthly salary of 1.9 million won per month and money is insufficient, he thought that he stolen the fingers of women who walked about a mixed way at night to raise their living expenses, entertainment expenses, etc.

1. On December 25, 2015, around 00:10, the Defendant discovered the Victim B, who was mixed with the location near the Seodong-dong branch of the Nonghyup Bank located in Busan Seo-gu, Busan, and found the Victim B, even around the roads near the Dong-dong branch, and subsequently, up to the roads near the Gu C, she stolen the Defendant’s totaled KRW 10,000,000, in cash, which is owned by the victim, at the expense of KRW 30,000,000, in a range of 1 C, the market price of which is equivalent to KRW 60,000,000, in the market price of KRW 240,000, market price of KRW 50,000, market price of which is 50,000.

2. On December 25, 2015, the Defendant discovered the victim D who was a mixed victim at the place indicated in one paragraph continuously around 01:45 on December 25, 2015, and then ended up to the road near the former E-gu, the Defendant stolen the victim’s property worth KRW 578,000 in total at the market price by setting up one hand of the mobile phone value of KRW 200,000 in cash, which is the victim’s ownership, and one cellular phone value of KRW 300,000 in the market price, and one hand, which is equivalent to KRW 28,000 in the market price, including one head of the Saemaul F&C card.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to D and B;

1. Application of each statute on photographs;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting a crime;

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

3. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] 3 types of larceny in general property (one month to one year) / [the person who is specially mitigated] is not subject to punishment [the decision of sentence] / The defendant is the first offender, the fact that the defendant is the first offender, the fact that some victims have agreed smoothly with the defendant, and the age of the defendant, and the defendant's age.