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(영문) 부산지방법원 2015.12.10 2015고단1224

절도등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 17:10 on February 5, 2015, the Defendant: (a) removed the victim’s watch in front of the 'E' restaurant operated by the victim D located in Suwon-gu, Busan, as his/her hand, the victim’s watch was neglected; (b) the victim’s watch was removed in front of the 'E' restaurant operated by the victim D; and (c) the victim’s market price of the 14,000 won owned by the victim, which was kept in the electric chill machine, in his/her possession, as his/her hand.

around 10:03 on June 22, 2015, the Defendant: (a) opened an access door to the above restaurant which was not opened by the victim G located in the Busan Suwon-gu at the “H” restaurant operated by the victim G; (b) intruded the restaurant to the restaurant accounting unit; and (c) cut off a 200,000 won in cash owned by the victim, USD 2,000, USD 3,000, KRW 2,000, KRW 3,000, KRW 2,000, KRW 700, KRW 18,000, KRW 2,000, market price, and KRW 20,000, market price, and KRW 18,000, KRW 20,000 in the market price in the middle of the city.

On May 31, 2015, the Defendant, at around 2:30, 2015, obtained stolens by being aware of the fact that the victim J-owned mobile phone of 300,000 won was stolen by the victim J.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of suspect with regard to I;

1. Statement of each police statement concerning G and D;

1. Written Statement;

1. Application of each statute on photographs;

1. Articles 329, 319 (1), and 362 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing in Article 62-2 of the Criminal Act of the probation and community service order, the first crime (the scope of recommending punishment), the first crime (the scope of recommending punishment), the second crime (the crime of larceny) (the scope of recommending punishment), the general property, where the mitigation area (8 to 1 year and 6 months) (special mitigation) has intruded into places other than indoor residential space (the special mitigation person), and the second crime (the crime of larceny) is general property.