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(영문) 부산지방법원 2017.05.18 2016고정4291

절도

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

On May 3, 2016, the Defendant was sentenced to the suspension of the execution of imprisonment with prison labor for larceny, etc. at the Busan District Court on May 3, 2016, and the judgment became final and conclusive on May 11, 2016.

On October 4, 2015, at around 01:04, the Defendant: (a) committed a theft of KRW 143,000 of cash owned by the victim D, and KRW 50,000 of cash located on the wall, and KRW 3 smartphones of KRW 1,00,000 of the market value of the above victim, which was located on the tables within the main point, located on the main point at the Busan Jin-gu B, Busan; (b) around 01:00,000. The summary of the evidence was that the Defendant, who was located on the wall, brought about 3 smartphones of KRW 1,00,00.

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Investigative reports (retributing damaged articles);

1. Previous convictions: Results of case search, application of Acts and subordinate statutes;

1. Article 329 of the Criminal Act applicable to the facts constituting an offense and Article 329 of the choice of punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. Of the goods stolen by the Defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, cellular phone was returned to the victim at the scene of the crime, and the remaining amount of damage is limited to KRW 140,000,000, the balance between the crime of this case and the crime of larceny, etc. in the holding of concurrent crimes after Article 37 of the Criminal Act should be considered at the same time, and the fact that the above judgment becomes final and conclusive after being sentenced to imprisonment for ten months due to special larceny, etc. committed during the period of probation after the Defendant’s judgment became final and conclusive shall be determined as ordered by taking into