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(영문) 부산지방법원 2018.11.29 2018고단2655

절도

Text

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

Reasons

Punishment of the crime

[criminal record] The Defendant was sentenced to a suspended sentence of one year by imprisonment with prison labor for an attempted special larceny on December 21, 2017 at the Busan District Court, and the above judgment became final and conclusive on August 25, 2018.

[2] On April 2, 2018, the Defendant, at the D convenience store operated by the victim C in Busan, Daegu, Busan, the victim's jobs at around 02:40,000 won in cash within the calculation unit of the above convenience store in other convenience stores.

L. A. L. theft was committed.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (reports on previous convictions and results of confirmation of the previous convictions of the disposition), investigation report (reports attached to judgments of the first instance court of the same case which are tried for the same crime);

1. Article 329 of the Criminal Act applicable to the crimes;

1. After Article 37 of the Criminal Act, the reason for sentencing provided for in Article 39 (1) of the same Act;

1. The sentencing guidelines are not applicable to the crime of this case, since the crime of this case, which applies the sentencing guidelines, is one of the concurrent crimes with the special larceny attempts as decided in the judgment, which became final and conclusive, after Article 37 of the Criminal Act, since the sentencing guidelines are not applicable. 2. The defendant who made a decision on the sentence of this case has led to the confession of all the crimes and the depth of his mistake. Although there is no significant degree of damage from this case, the defendant committed the crime of this case without being able to do so due to the special larceny attempted in the judgment of the court, etc., after the indictment of this case, has been concealed after the prosecution of this case, and