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(영문) 부산지방법원 2018.10.18 2018고정358 (1)

절도

Text

A defendant shall be punished by a fine of 600,000 won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

On May 17, 2017, the Defendant was sentenced to one year of imprisonment with prison labor for larceny, etc. at the Busan District Court, which became final and conclusive on August 25, 2017, and on October 13, 2017, the Defendant was sentenced to two months of imprisonment with prison labor at the Busan District Court for larceny and became final and conclusive on December 30, 2017.

On November 26, 2016, the Defendant was parked at the construction site of the landslide restoration in the aftermath of the apartment of the Republic of Korea on November 26, 2016, 587-20, Han-Nan, United Nations, at the construction site of the landslide restoration.

B In case of intrusion on a vehicle in the victim C, the victim C used a gap of 1,000 won, 1,000 square meters, 200 won, 350,000 won in cash.

Accordingly, the defendant stolen another's property.

Summary of Evidence

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

1. C’s statement;

1. Investigation report (for 4,5 times a year);

1. Previous convictions: Inquiry about criminal history, content of each case, and application of each statute of the judgment;

1. Relevant laws and the choice of punishment for crimes. Article 329 (Selection of Penalty) of the Criminal Act.

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) (each crime finalized in the judgment and each of the larceny of this case in the judgment and each of the larceny of this case);

1. The grounds for sentencing under Articles 70(1) and 69(2) of the Criminal Act, where each of the concurrent crimes, which are concurrent crimes after Article 37 of the Criminal Act for the reason of sentencing, has been adjudicated simultaneously, and the circumstances leading to, and methods of, the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., and the conditions of sentencing under Article 51 of the Criminal Act, which are shown in the records and arguments, shall be determined as ordered by considering the following as a whole:

It is so decided as per Disposition for the above reasons.