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(영문) 부산지방법원 2018.07.17 2018고단2488

절도

Text

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

Reasons

Punishment of the crime

On February 24, 2017, the Defendant was sentenced to four months of imprisonment for the crime of injury, etc. at the Busan District Court and completed the execution of the sentence in the Busan Detention House on April 26, 2017.

1. On June 17, 2017, the Defendant committed the crime, around 00:53, at the D convenience store located in Busan Dong-gu, Busan, on June 17, 2017, stolen the Defendant’s 1 mobilephone at the time of Samsung Gallon, which is equivalent to KRW 50,000,000, in the market value of the victim’s ownership, after the victim’s withdrawal of cash.

2. On June 24, 2017, the Defendant, from around 22:00 on June 24, 2017 to 24:00 on the same day, stolen the Defendant’s possession of LG G4 mobilephones equivalent to KRW 800,00,00 in the market price owned by the victim, who was placed on the victim F side of the victim who was drunk, and was located on the breath of the same day from around 22:00 to 24:00 on the same day.

3. On June 30, 2017, around 12:47 on June 30, 2017, the Defendant stolen the Defendant’s cash 10,000 won, 1,5,000 won, 1,000 won, 5,000 won cultural gift certificates, 1,000 won, 1,000 won, 5,000 won, and 1,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,00

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I and F;

1. Investigation report (two photographs of the cell phone of the seized damage);

1. Previous convictions: Inquiry into criminal history, court rulings, and application of Acts and subordinate statutes concerning current status of confinement;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Crimes No. 1 in the scope of the recommended punishment according to the sentencing guidelines (the crime committed on June 24, 2017) / [the scope of the recommended punishment] 2 in which there is no basic area (8 to 2 years) (the special sentencing person) (the scope of recommended punishment) in the basic area (the three types of larceny) for general property.