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(영문) 부산지방법원 2016.06.15 2016고단1756
절도
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On March 6, 2016, the Defendant: (a) around 19:37, 201, on the street in front of the “B cafeteria” market located in the middle-gu Busan Jung-gu 1-ro 4, the victim’s name was unable to obtain money from the victim for fraud; (b) reported that a person in the name of the victim did scambling an envelope containing the head of the new world merchandise coupon 2 at the market price of KRW 50,000 in the wall; and (c) concealed it by taking a scambling, and then cut off the victim by scam.

2. On March 6, 2016, the Defendant discovered that the victim C’s abrupter, which was likely to commit fraud at his/her street store located in Busan Jung-gu, Busan, was opened, and accessed the victim’s back by taking advantage of the gaps in which the victim neglected a brucism due to his/her brucing factors, and accessed the victim’s back, following: (a) on the part of the victim, by inserting his/her left hand into his/her shoulder, the cash amounting to KRW 790,00, US$ 10,000, market price of KRW 50,000, and KRW 50,000; and (b) volumeing to KRW 5,000, market price of KRW 5,000; and (c) volumeing to KRW 10,00,000; and (d) volumeing to KRW 4,00,000, market price of 100,005, more than 2,200.

They go back.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Each protocol of seizure and the list of seizure;

1. Application of investigation reports (in the instant field CCTV images and images to capture), investigation reports (in the event of COEX APURIUM 2) (in the event of any damage, COEX APURUM 2) and other 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. 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. Article 62-2 of the Criminal Act on the observation of protection;

1. Reasons for sentencing of Article 333(1) of the Return Criminal Procedure Act [the scope of recommended sentence].

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