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(영문) 부산지방법원 2019.03.12 2018고단2321

절도

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

1. On October 10, 2017, around 02:24, the Defendant stolen the cash amounting to 40,000 won (three original notes, one copy, five copies per thousand original notes), which took custody of the keys of the victim D's goods storage at the Busan Jin-gu B and fourth level C, Busan, and five copies).

2. On March 27, 2018, the Defendant: (a) cut off the victim E with a 200,000 opphone6S one unit at and near the male shotle or entrance; and (b) subsequently cut off the victim E at and near the entrance of the male shotle.

Summary of Evidence

1. A protocol of partial police interrogation of the accused;

1. Each police statement of E and D;

1. Application of each investigation report (CCTV closure photographs) Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the crimes;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 (Determination of thief) thief (type 3) thief [the scope of recommending area and recommending punishment] thief (type 3] thief (the scope of recommending area and recommending punishment] , and 8 to 2 years from imprisonment;

(b) Class 2 (Determination of Punishment) thiefth thief [Type 3] thief [Special Convictf] thief (special stief] : In the area of mitigation of punishment [the area of recommendation and the scope of recommendation], in the area of mitigation of punishment [the area of recommendation and recommendation], in six months to one year;

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment for between August and February (the maximum limit of crimes No. 2).

2. Consideration of the fact that victims E who have decided to punish a defendant does not want the punishment of the defendant and that there is no record of criminal punishment exceeding the fine;