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(영문) 부산지방법원 동부지원 2018.02.14 2017고단2571

절도등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On July 14, 2016, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. from the Busan District Court Branch Branch on July 14, 2016 and completed the execution of the sentence on April 10, 2017.

From November 16, 2017 to November 26, 2017, the Defendant cut off the cell phones of 270 won in total three times in the same manner as shown in the list of crimes, from around November 16, 2017 to around November 26, 2017, the victim E using the gaps in Seoul Jung-gu, Jung-gu, Seoul, with one gallon equivalent to KRW 1 million in the market price of the victim’s possession, the victim E used the gaps in which the victim E was locked.

On June 5, 2017, the Defendant embezzled the Defendant’s thought that he/she had, without following necessary procedures such as returning to the victim, he/she acquired the 7 mobile phone-on 7 mobile phone in the Suwon male toilet located in 924, as he/she had had a 924 mobile phone as he/she had a scopic 7 mobile phone. The summary of the evidence was embezzled.

1. Statement by the defendant in court;

1. Each statement of E and F;

1. Each protocol of seizure;

1. A report on investigation (for statements made in victim G);

1. Investigation report (in the name of the net telephone in 070) and data on communication confirmation replies;

1. Previous convictions: Inquiry of criminal history, current status of personal confinement and application of Acts and subordinate statutes of a report on investigation (Attachment of criminal records of the suspect);

1. Relevant Article 329 of the Criminal Act, Article 360 (1) of the Criminal Act, and the choice of imprisonment with prison labor for a crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Crimes of the first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act on the grounds of sentencing [the scope of recommending] Article 1 of the Act on the Aggravated Punishment of Concurrent Crimes, crimes of the same repeated crime not falling under the aggravation of specific crimes [the scope of recommending punishment] Article 2 of the Act on the Aggravated Punishment of Concurrent Crimes (the scope of punishment) is an aggravated specific crime (the special aggravated person) [the scope of punishment] of Article 2 of the Act on the Aggravated Punishment of Specific Crimes (the special aggravated person] of Article 38(1)2 of the Act on the Aggravated Punishment of Crimes.