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(영문) 부산지방법원 동부지원 2014.05.14 2014고단277
절도
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On January 9, 2014, the Defendant of criminal records was sentenced to a two-year suspended sentence of imprisonment for larceny at the Busan District Court for six months, and on January 17, 2014, the said judgment became final and conclusive on January 17, 2014 and has the same record of force in the present period of suspended execution 13 times.

2. Criminal facts;

A. On January 5, 2014, around 18:30 on January 5, 2014, the Defendant: (a) stolen a machine plug equivalent to 278,000 market price, which is the victim’s possession in the display stand at G event held by the victim F (ju) of the E department store located in Busan Shipping Daegu, Busan.

B. The Defendant, at the same time and place as referred to in paragraph (a), stolen 12,00, the market value of the victim’s ownership at the I store operated by the victim H, at the same time and place as that of the said paragraph.

C. The Defendant, at the time and time as referred to in paragraph (a), and at the K store operated by the victim (ju)J on the fourth floor of the above E department store, was stolen by taking one punishment equivalent to 49,000 won at the market price, which is the victim’s possession in the display stand, and 69,000 won at the market price.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of L, M and N;

1. Previouss: Application of the Acts and subordinate statutes to refer to inquiries, such as criminal records, pre-dispositions, and reporting results;

1. Article 329 of the Criminal Act applicable to the crimes and Article 329 of the Election of Imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Article 62 (1) of the Criminal Act (including the fact that the suspension of execution is against the law, the amount of damage is not large, the efforts are made to cure the wall, etc.);

1. Article 62-2 of the Criminal Act on Probation (There is a risk of repeating a crime physically against the defendant);

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