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(영문) 부산지방법원 서부지원 2018.07.24 2018고단962

절도

Text

A defendant shall be punished by imprisonment for four months.

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

The defendant was scheduled to depart from Russia through C while he was residing in Busan to repair the ship as a seafarer of Russia's nationality.

1. On May 12, 2018, at the 'E store located in the Gangseo-gu Busan Metropolitan City 2nd floor C D', the Defendant stolen one 3,50,000 won (US$ 320) of the market price in the display stand by taking advantage of the gaps in surveillance of the victim F. On May 12, 2018. On May 12, 2018, the Defendant cut off two 810,000 won (US$ 762) of the market price in the display stand by taking advantage of the gaps in surveillance of the victim H around May 18, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of F and H;

1. Application of the Acts and subordinate statutes for investigation reporting;

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 Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The scope of final sentences based on the aggravated punishment that has no basic area (from April to August) (the person subject to special sentencing) (the person subject to special sentencing) of category 1 (the theft of articles, etc. left alone) for general property according to the sentencing guidelines: April to one year;

2. The fact that the defendant did not agree with the victims is disadvantageous to the defendant.

However, in full view of the circumstances favorable to the defendant, such as the confession of all of the crimes in this case and reflects on the defendant, the damage was returned to the victims, and the defendant had been detained for not less than two months, and other factors of sentencing as shown in the arguments in this case, including the defendant's age, sex, environment, family relationship, motive, means and consequence of the crime, and the circumstances after the crime, etc., the punishment shall be determined as ordered.

It is so decided as per Disposition for the above reasons.