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(영문) 부산지방법원 동부지원 2014.09.24 2014고단1460

절도등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

No. 4, No. 4 (OK Card 1), No. 5, No. 5.

Reasons

Punishment of the crime

[criminal record] On October 31, 2008, the Defendant was sentenced to five years of imprisonment with prison labor for violating the Act on the Punishment of Sexual Crimes and the Protection of Victims (Rape, etc.) in the Busan District Court, and completed the execution of the sentence in the Daegu Prison on December 12, 2013.

【Criminal Facts】

1. At around 10:50 on May 1, 2014, the Defendant stolen the victim’s cash 1.8 million won in the Plaintiff’s possession of the victim, who was posted on the chill pole, and talked with customers at the bottom of the Diplomatic Team in Kimhae-si, Kim Jong-si, by using the gaps in which the victim E sells a stude and talks with the customers. The Defendant stolen the victim’s cash 1.8 million won in the market value, one deposit passbook, one deposit passbook, and two No. 300,000 won in the market value, including the No. 50,000 won in the market value.

2. At around 11:00 on July 22, 2014, the Defendant: (a) opened a locked door between the victim G operated by the Busan East-gu FF market 1312; and (b) entered and intrudes into the said store; (c) cash of KRW 27 million owned by the victim and KRW 27 million per unit of KRW 20 million; (d) one per unit of KRW 1,5 million per unit of KRW 1,10 million; and (e) one unit of household check of KRW 40,000 per unit of KRW 1,5 million; and (e) one gift coupon of KRW 40,000,000 per unit of KRW 70,000 per unit of KRW 1,5 million; and (e) one credit card bank, Hyundai card; (e.g., one card; and (e) one customer card of Hyundai department; and (e) one unit of a theft of KRW 700,000 at the market price.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G and I;

1. E statements;

1. Police seizure records;

1. Criminal records: Application of references to criminal records, etc., investigation reports, and statutes;

1. Relevant provisions of the Criminal Act, Articles 329 and 319 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment for the crime;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;