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(영문) 부산지방법원 2020.01.08 2019고단5468
절도
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On June 1, 2019, around 13:00 on June 1, 2019, the Defendant discovered the victim’s wallets who was laid on the game machine in Busan Jin-gu, Busan, and stolen KRW 42,00 in cash owned by the victim.

2. On November 3, 2019, around November 17, 2019, around November 3, 2019, the Defendant discovered the wallets of a victim who was posted on a game machine by the victim E in the said C entertainment room, and stolen the cash amounting to KRW 84,000,000, which was in that room.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of E and D preparation;

1. Records of seizure and the list of seizure;

1. Application of statutes on site photographs;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the crimes;

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

1. Scope of recommending punishment according to the sentencing criteria (decision of type): thief for general property [Type 2] general larceny [the scope of recommending area and recommending punishment] mitigated area: From April to October; and

2. Determination of sentence: Four months of imprisonment (the sentence shall be determined as ordered in consideration of the fact that the defendant has committed larceny repeatedly despite the fact that he/she had been subject to punishment several times for the same kind of crime, and other circumstances of sentencing specified in the records of this case, such as the defendant's age, character and conduct, home environment, motive and means of crime, and circumstances after crime);

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