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(영문) 부산지방법원 2014.12.04 2014고단8116

절도

Text

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

Reasons

Punishment of the crime

On June 19, 2013, the Defendant was sentenced to imprisonment with prison labor in Busan District Court for larceny, and on May 11, 2014, the Defendant completed the execution of the sentence in a detention house.

On September 28, 2014, at around 16:30, the Defendant stolen the victim C’s market value of 200,000 won, which is located on the event located in the 1083 Schill Park, based on the S3 smartphone 1, 110,000 won in cash located on the above wall, 110,000 won in cash located on the above wall, 4 credit card, and 1 driver’s license, by taking advantage of the gap in which the victim’s surveillance was neglected.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement and the investigation report (No. 6 No.);

1. Previous convictions in judgment: the application of Acts and subordinate statutes concerning criminal records and investigation reports (No. 9);

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

1. The sentencing guidelines under Article 35 of the Criminal Act among repeated offenders falls under the theft of goods, etc. neglected in line with the sentencing guidelines, and the recommendation type for the aggravated area was made between six months and one year, confession was made, and the damaged goods were immediately recovered at the site, and the value of the damaged goods was not higher, and the punishment shall be determined as ordered in consideration of the conditions of sentencing under Article 51 of the Criminal Act.