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(영문) 부산지방법원 동부지원 2017.11.09 2017고단1732

절도

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On Apr. 1, 2017, the Defendant: (a) at around 15:00, at the victim D's shop located in Busan Southern-gu Busan-gu Busan-gu Busan-gu, the Defendant: (b) stolen the gas siren of the same 209,000 won, which was displayed at the store using the gaps in which the surveillance of E, a security personnel, was neglected; and (c) stolen the gas siren of the same b0 won.

2. On July 11, 2017, at around 20:56 around 20:56, the Defendant: (a) stolen a temporary plastic cleaning machine of at least 259,000 won at the market price from a virtual product shop described in paragraph (1) in the same manner as Paragraph (1).

3. On July 18, 2017, at around 21:06, the Defendant: (a) stolen a new-day air conditioner equivalent to KRW 94,00,00 at a store for home appliances as described in paragraph (1) in the same manner as Paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on internal investigation (Perusal, etc. of CCTV images from DNA security) and a report on investigation (on-site CCTV investigation);

1. Application of Acts and subordinate statutes to report internal investigation (as to the crime of injecting a suspected person), internal investigation report (as to non-collection of damaged articles and attachment of photographs);

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

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 2 of the same Act concerning the aggravation of concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and community service order, is a relatively small amount of the value of the larceny in this case itself, but the Defendant’s act of larceny on several occasions does not seem to be less than that of the crime, and the Defendant has the past record of the same crime seven times. In light of this, it is necessary to punish the Defendant strictly.

However, there is no record of crime that exceeds the fine, the suspension of execution shall be sentenced only once, but since the defendant's risk of recidivism seems to be unfair, incidental measures such as the observation of protection, etc. shall be ordered.