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(영문) 부산지방법원 2014.11.20 2014고정3959

절도등

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant was sentenced to one year of imprisonment with prison labor at the Busan District Court on January 3, 2014, and the judgment was finalized on January 11, 2014, and was sentenced to one year of suspension of the execution of imprisonment with prison labor for three months at the Busan District Court on February 6, 2014, and the judgment became final and conclusive on February 14, 2014.

1. Around 16:00 on December 24, 2012, the Defendant embezzled the above car of approximately KRW 27 million at the market price by refusing a request from the victim, even though he/she received a request from the victim to drive the DKa car that he/she borrowed from the victim C to the B’s house.

2. A thief, around 14:00 on December 25, 2012, the Defendant: (a) organized the Defendant’s animals at the Victim B’s house located in Busan Sho-gu, and stolen the Defendant’s animals; (b) then, (c) brought about one of the two coloring points equivalent to KRW 70,00 in the market price of the victim’s ownership.

Summary of Evidence

1. An interrogation protocol of the police against the accused (second time);

1. Each police statement concerning C and B;

1. Previous convictions: Court rulings and application of Acts and subordinate statutes of case search;

1. Relevant Article 355(1) of the Criminal Act and Article 355(1) of the Criminal Act (the point of embezzlement), Article 329 of the Criminal Act, and selection of fines for a crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;