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(영문) 부산지방법원 2018.04.11 2018고단260

절도

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 1, 2017, at around 15:33, 2017, the Defendant: (a) stolen the victim’s D Management “E” located in Busan Dong-gu, Busan; (b) with a clver Tren, which is equivalent to KRW 6,000 in the market price of the victim’s management displayed outside the place where the victim respondeds to other customers.

2. On December 1, 2017, at around 15:36, the Defendant: (a) stolen a cre in the “H” clothes store located in the Busan Dong-gu Busan Metropolitan Government Management, with one set of KRW 790,000, market price of the victim’s management displayed in other places, where the victim provided the other customers with the cre in the “H” clothes store located in the Dong-gu Busan Metropolitan City Management.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of G and D;

1. Police seizure records and list of seizure;

1. Application of Acts and subordinate statutes to a report on investigation and a report on investigation (investigative into the course of suspect movement);

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Scope of recommendations - Class 2 (General thief) in mitigation area (from April to October) in respect of general property - Special mitigation person: Not subject to punishment;

2. The sentence of imprisonment shall be selected in consideration of the fact that the sentence was sentenced to a fine twice for the same kind of crime, which led to the instant crime.

However, the execution of imprisonment is suspended, and protection and observation is ordered to prevent recidivism in consideration of the fact that the victims agreed with and that the mental disease is known.

In addition, it is decided as ordered in consideration of all the circumstances that are conditions for sentencing, such as the defendant's age, sex, environment, motive and background of the crime, and circumstances after the crime.